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11.13 :: Shutting it Down :: Pesky FCC :: Dont Text While.... :: Caves :: Partisan and Contentious :: So Large and Powerful :: Chevron ::

CyberTelecom News Weekly Federal Internet Law and Policy :: An Educational Project

There are two major products that came out of Berkeley: LSD and UNIX. We don't believe this to be a coincidence. - Jeremy S. Anderson

AT&T is glad to expand service, but wants pesky FCC regulations dropped, Ars Technica :: Keyword: [Broadband] On Wednesday, AT&T announced a plan to invest $14 billion in expanding its wireless and U-Verse service around the country. At the same time, the company submitted a petition to the Federal Communications Commission asking for an end to the "conventional public-utility-style regulation." Shutting Down The Phone System Gets Real: The Implications of AT&T Upgrading To An All IP Network., PK :: Keyword: [Broadband] I believe AT&T’s announcement last week about its plans to upgrade its network and replace its rural copper lines with wireless is the single most important development in telecom since passage of the Telecommunications Act of 1996. It impacts just about every aspect of wireline and wireless policy. Rob Frieden, Rationales For and Against Regulatory Involvement in Resolving Internet Interconnection Disputes, Yjolt :: Keyword: [Backbone] This Article will examine the terms and conditions under which Internet Service Providers (“ISPs”) switch and route traffic for each of several links between a source of content and consumers. The Article concludes that the Federal Communications Commission (“FCC”) may lack direct statutory authority even to resolve disputes based on its determination that Internet access constitutes an unregulated information service. Girl looks for cell signal, steps on rattlesnake nest, CNET :: Keyword: [Wireless] In a rural area outside San Diego, a teenage girl is snakebit just because she wanted to text her boyfriend and call her mom. Life can be cruel. BITAG Announces Next Technical Topic on Port Blocking, BITAG :: Keyword: [Neutral] AT&T lifts FaceTime restrictions on Apple iPhones, WAPO :: Keyword: [Neutral] AT&T said Thursday that it will allow all subscribers to access FaceTime on Apple devices, reversing a controversial policy to block the app for certain data plan customers. A Few Thoughts on FaceTime, AT&T :: Keyword: [Neutral] As most observers are aware, Apple’s FaceTime application is currently enabled on AT&T’s popular Mobile Share plan as well as on Wi-Fi, though not at this time on our other billing plans. This approach has raised questions and some concerns. We decided to take this cautious approach for important reasons. AT&T has by far more AT&T caves, opens FaceTime over cellular for more customers, Gigaom :: Keyword: [Neutral] AT&T has backed down and agreed to make Apple’s video calling service, FaceTime, available over cellular networks to more of its customers, not just those who subscribed to a certain type of data plan. The service will roll out to customers subscribed to a tiered data plan who own an LTE-capable iPhone running iOS 6 in eight to OMG! Text messaging in decline for the first time, CNET :: Keyword: [Data] A wireless industry research report says both messaging revenue and total volume declined in the third quarter in the U.S., a first for both. 2012 ARIN Board and Advisory Council Election Results, ARIN :: Keyword: [RIR] ARIN XXX Meeting Report Now Available, ARIN :: Keyword: [IP Numbers] Antitrust in High-Technology Industries, Jnl of Competition Law & Econ :: Keyword: [Antitrust] One of the most interesting and challenging phenomena of our information age is the rapid and significant change that takes place in high-technology industries. This change is shaking some of our assumptions regarding the role of technology (for example, endogenous U.S. government sanctions Iran for creating 'electronic curtain', CNET :: Keyword: [Iran] The U.S. State Department is targeting several Iranian groups and individuals that have been particularly oppressive in restricting Internet freedom. Remarks of Assistant Secretary Strickling at Internet Governance Forum, NTIA :: Keyword: [ITU] Today is Election Day in the United States. Through the miracle of the Internet and modern communications, people in every corner of the globe know how partisan and contentious this election has become. Yet, on one issue, all Americans stand shoulder-to-shoulder, and that is, how essential it is that the Internet remain stable, secure and free from governmental control. The Internet Monopoly, ITU :: Keyword: [Itu] Companies such as Google, Facebook, Twitter and many of the other national social network and media sites are becoming so large and powerful that they can dictate the use of their services in such a way that people lose control over their own information and their participation in these networks. ITU Boss Explains Why He Wants The UN To Start Regulating The Internet, Techdirt :: Keyword: [ITU] We've written a few times about why we should be worried about the ITU (a part of the UN) and its attempts to regulate the internet, to which some have responded by arguing that the ITU/UN doesn't really want to regulate the internet. However, the Secretary-General of the ITU, Hamadoun Toure has now taken to the pages of Wired, to The ITU WCIT - a Springboard for a Larger Debate on Internet Governance, PK :: Keyword: [ITU] The World Conference on International Telecommunications will convene this December to revise the International Telecommunication Regulations (ITRs). Certain proposals to revise the ITRs would adversely impact the open Internet. PK and many others believe that any revision of the ITRs should not stray from their basic The Internet Radio Fairness Act: What It Means for Radio, Musicians, and You, PK :: Keyword: [Copyright] Last week we broke down the details of the Internet Radio Fairness Act, the recently proposed bill that aims to update the compulsory licenses for online radio services. This week we’ll be delving more into the real world impacts of IRFA. NAACP calls Pandora-backed legislation unfair, CNET :: Keyword: [Copyright] In a letter to Congress, the civil rights group asks that lawmakers vote no on legislation designed to cut the rates paid by Pandora and other Webcasters to artists -- some of whom are elderly Motown performers who weren't compensated fairly for their original work. Pamela Samuelson , Can Online Piracy Be Stopped by Laws?, SSRN :: Keyword: [Copyright] This article will explain the key features of SOPA, why the entertainment industry believed SOPA was necessary to combat online piracy, and why SOPA came to be perceived as so flawed that numerous sponsors withdrew their support from the bill. Twitter Improves DMCA Policy: Alerts Public To 'Removed' Tweets, Techdirt :: Keyword: [DMCA] For years, we've criticized Twitter's DMCA policy, in which it completely disappears tweets that are subject to DMCA takedown notices it receives. The company, as part of its transparency campaign, has now changed its policy slightly, such that it will now replace the taken down tweet with one that indicates the tweet was removed due to Jury says journalist arrested while videotaping police is not guilty, Ars Technica :: Keyword: [News] A jury acquitted a Florida photojournalist who was arrested on January 31 while documenting the eviction of Occupy Miami protesters. The police accused Carlos Miller, author of a popular blog about the rights of photojournalists, of disobeying a lawful police order to clear the area. But another journalist testified he had been standing nearby without incident. Gawker's Anti-SLAPP Victory Could Be Good For The Web - But Judge Refuses To Publish The Ruling, Techdirt :: Keyword: [News] A few months ago, Eric Goldman wrote about a good ruling by a California court to knock out a bogus defamation claim against blog site Gawker. There were a few interesting elements to the ruling, including that it used California's anti-SLAPP law, and that it was willing to look at the context of the use of certain words like "scam." Naqeeb Ahmed Kazia , An Overview of Cloud Computing and Its Legal Implications in India, SSRN :: Keyword: [Cloud] Cloud computing is a growing trend in industry. Organisations these days are switching to virtual workspaces because of flexibility. In this article I define what cloud computing is and deal with the various delivery models and deployment methods. Jeremy H. Rothstein, Track Me Maybe: The Fourth Amendment and the Use of Cell Phone Tracking to Facilitate Arrest, Fordham L Rev :: Keyword: [4th Amendment] Susan Freiwald and Sylvain Métille , Reforming Surveillance Law, SSRN :: Keyword: [Surveillance] As implemented over the past twenty-six years, the Electronic Communications Privacy Act (ECPA), which regulates electronic surveillance by law enforcement agents, has become incomplete, confusing, and ineffective. In contrast, a new Transparency Report: Government requests on the rise, Google :: Keyword: [Big Brother] We think it’s important to shine a light on how government actions could affect our users. When we first launched the Transparency Report in early 2010, there wasn’t much data out there about how governments sometimes hamper the free flow of information on the web. So we took our first step toward greater transparency by disclosing the number of government requests we received. At the ICE Releases Documents Detailing Electronic Surveillance Problems . . . and then Demands Them Back a Year Later, EFF :: Keyword: [Surveillance] This is a first for us in all of EFF's history of Freedom of Information Act (FOIA) litigation—Immigrations and Customs Enforcement (ICE) has demanded we return records it gave us more than a year ago. The release of these documents doesn't endanger national security or create a risk to an ongoing law enforcement Petraeus Case Shows FBI's Authority To Read Gmail, Huffpo :: Keyword: [Big Brother] The downfall of CIA Director David Petraeus demonstrates how easy it is for federal law enforcement agents to examine emails and computer records if they believe a crime was committed. With subpoenas and warrants, the FBI and other investigating agencies routinely gain access to electronic inboxes and information about email accounts offered by Google, Yahoo and other Internet providers. Virus Aimed at Iran Infected Chevron's Network, WSJ :: Keyword: [Cyberwar] Stuxnet, a computer virus that former U.S. officials say was created by the U.S. and Israel to attack Iran's nuclear-enrichment facilities, also infected Chevron's network in 2010, shortly after it escaped from its intended target. Cyberwarfare evolves faster than rules of engagement, CW :: Keyword: [Cyberwar] As the rhetoric heats up over cyberwar -- including warnings that attacks on the U.S. are imminent and alarms that the U.S. has escalated the risk via malware attacks on Iran's nuclear program -- the rules of engagement are missing in action. How Equinix Data Centers Defied Superstorm Sandy, Equinix :: Keyword: [Hurricanes] Last week this time Superstorm Sandy wreaked havoc on data centers across America’s northeast coast. You may have seen your favorite sites and web services go down for hours at a time, yet, Equinix data centers remained strong with little or no downtime to customers. Why did Equinix fare differently than others? Hurricane Sandy Relief Efforts Online, USTelecom :: Keyword: [Hurricanes] Super-storm Sandy rocked the northeast last week – causing catastrophic destruction and harm to many residents. Hurricane Sandy Had Surprising Impact on Global Internet Traffic Flow, CircleID :: Keyword: [Hurricanes] In addition to knocking out power and Internet connectivity in a significant part of the New York metropolitan area, Sandy also had a surprising impact on the world's Internet traffic, traffic that neither originated from nor was destined to areas effected by the storm, Renesys reports. "From locations around the globe as varied as Sandy’s Lessons About Disaster Recovery, Data Center Knowledge :: Keyword: [Hurricanes] Were you ready for Sandy? Sure it was downgraded from hurricane to tropical storm, but it still had a devastating effect. For those of use who manage data centers, that impact had many layers. Let me start at the core and work my way out. Voting technology issues in Virginia on election day, Freedom to tinker :: Keyword: [Vote] I spent Election Day in one of the command centers for the 866-OUR-VOTE hotline. The command center was accepting calls from New Jersey, Maryland, DC, and Virginia, but 95% of the technology issues were from Virginia. I was the designated “technology guy”, so pretty much everything that came through that center came to

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11.3 :: #Sandy Aftermath ::

CyberTelecom News Weekly Federal Internet Law and Policy :: An Educational Project

In a democracy, the people get the government they deserve. - Hunter S. Thompson

How You Can Help #Sandy WSJ Why We Have An Open Wireless Movement, EFF :: Keyword: [WiFi] In troubled times, it's important to help each other out. Right now, we're witnessing an unprecedented hurricane hitting the Eastern Seaboard of the United States, and the ensuing damage and power outages are crippling rescue efforts, businesses large and small, and personal communications. Consumer Review Website Isn't Liable for Users' Copyright Infringement--Ripoff Report v. ComplaintsBoard, Tech & Marketing Law Blog :: Keyword: [47 U.S.C. § 230] Xcentric Ventures, LLC v. Mediolex Ltd., 2012 WL 5269403 (D. Ariz. October 24, 2012). The initial complaint.... Counting IPv6 over DNS, Potaroo :: Keyword: [IPv6] At the recent ARIN XXX meeting in October 2012 I listened to a debate on a policy proposal concerning the reservation of a pool of IPv4 addresses to address critical infrastructure. This term is intended to cover a variety of applications, including use by public Internet Exchanges and authoritative nameservers for various top level domains. As far as I can tell, Best Buy Tells Time Warner Customers to Ditch VoIP - In Order to Avoid New Modem Fee, DSLReports :: Keyword: [TW] Time Warner Cable took heavy criticism earlier this month when they announced users would have to pay a new $4 monthly modem rental fee. Time Warner Cable struggled to adequately support users looking to buy their own modems, and then stumbled when asked to justify the price hike on the company's already pricey service. As noted previously The Future, the Internet and Economic Growth, Verizon :: Keyword: [Verizon] I am an optimist about the potential of technology – particularly information technology – to spur growth and progress in society. But this view is not universal. In fact, a debate about the growth of our economy and the broader world economy has been emerging recently and it relates Vonage Holdings Corp. Reports Third Quarter 2012 Results, Vonage :: Keyword: [Vonage] All the reasons for not extending the ITU’s scope to the Internet at WCIT12, LIRNasia :: Keyword: [ITU] The Center for Democracy and Technology has been in the trenches of Internet policy from the 1990s. They played a leading role in expanding the debate over the various proposals to extend the ITU’s scope to include the Internet at the upcoming World Conference on International Telecommunication (WCIT) in December 2012 CDT to ITU: Promote Access and Openness, Don't Stifle It, CDT :: Keyword: [ITU] If members of the International Telecommunications Union (ITU)—a UN agency known for its non-transparent, government-centric structure—vote to expand ITU authority to cover Internet policy and technical standards, Internet openness, affordability, and functionality could be at risk. Japan Was the First to Ratify ACTA. Will They Join TPP Next?, EFF :: Keyword: [Copyright] Two of the biggest threats to the Internet are two international agreements: the Trans-Pacific Partnership agreement (TPP) and the Anti-Counterfeiting Trade Agreement (ACTA). TPP continues to expand across the Pacific, with Mexico and Canada joining in the next round in New Zealand. With ACTA, it is increasingly doubtful that it was successfully Court rules against Ripoff Report in copyright case, Internet Cases :: Keyword: [DMCA] Plaintiff Xcentric Ventures provides the infamous Ripoff Report, a website where consumers can go to defame complain about businesses they have dealt with. Defendant ComplaintsBoard.com is a similar kind of website Leveraging the Science and Technology of Internet Mapping for Homeland Security slideset, CAIDA :: Keyword: [Security] This slideset was presented at the Cyber Security Division 2012 Principal Investigator Meeting in October 2012. Police allowed to install cameras on private property without warrant, Ars Technica :: Keyword: [4th Amendment] A federal judge has ruled that police officers in Wisconsin did not violate the Fourth Amendment when they secretly installed cameras on private property without judicial approval. Cell broadcasting used to warn public about Sandy, LIRNasia :: Keyword: [EAS] With slow-moving Sandy leaving New York State, they are counting the dead. It appears that 22 people died. Each death is a tragedy that the disaster managers would have loved to avoid. But can you imagine what the toll would have been if not for extensive planning and early warning? Hurricane Sandy Exposes Some Truths About Our Communications Networks, NTCA :: Keyword: [Hurricanes] Policymakers don’t always demonstrate the patience needed to understand the complex and interrelated nature of the communications network in this country. Building these networks is far more than an academic exercise, and I have worried greatly over the course of the past two years that policymakers are willing to throw up a “house of cards” and hope that the pieces fall together somehow. A Letter from CEO Steve Smith in the Wake of Hurricane Sandy, Equinix :: Keyword: [Hurricanes] As the U.S. East Coast continues to deal with the aftermath of Superstorm Sandy, our thoughts are with the people of New York, New Jersey and other hard-hit areas, many of whom remain without power and may be facing the loss of family, friends, homes and possessions. Here’s what the Internet looked like on the East Coast during Sandy, LIRNasia :: Keyword: [Hurricanes] Sandvine, a company selling deep-packet inspection gear to ISPs, shared a blog post noting that in one East Coast city on the Monday ahead of Sandy’s landfall in New Jersey, Internet traffic was up 114 percent. Sandvine also tracked a more than 150 percent rise in Netflix traffic, which was later confirmed by Netflix. Skype usage in the afternoon was up as well. Carriers Waive Fees, Make Red Cross Donations - Also Allowing Users to Charge Devices in Stores , DSLReports :: Keyword: [Hurricanes] AT&T, T-Mobile and Verizon are helping Sandy victims by allowing customers to charge devices in stores, as well as giving customers some relief in paying bills. Until November 8, T-Mobile says the company won't be cutting off prepaid users in New York City, Long Island, New Jersey, Connecticut, and Pennsylvania for failing to pay their bills. AT&T meanwhile stated that the company will extend New York Internet rides out the storm, Netcraft :: Keyword: [Hurricanes] New York Internet looks set to make it through the aftermath of Hurricane Sandy with barely a scratch on its uptime or performance. During Hurricane Sandy, Twitter Proves A Lifeline Despite Trolls, Huffpo :: Keyword: [Hurricanes] As Hurricane Sandy pounded the U.S. Atlantic coast on Monday night, knocking out electricity and Internet connections, millions of residents turned to Twitter as a part-newswire, part-911 hotline that hummed through the night even as some websites failed and swathes of Manhattan fell dark. Websites knocked offline by Sandy, BBC :: Keyword: [Hurricanes] News websites operating out of New York have been affected by the storm damage left in the wake of Sandy. Hurricane Sandy disrupts wireless and Internet services, CNET :: Keyword: [Hurricanes] High winds and storm surge flooding have taken their toll on cell phone, Internet, and other communications services for many in Hurricane Sandy's path. FCC activates disaster reporting system for Hurricane Sandy #thecircuit, WAPO :: Keyword: [Hurricanes] The Federal Communications Commission activated the Disaster Information Reporting System Monday for Washington, D.C. and other areas up and down the East Coast in response to Hurricane Sandy. Wireless, wireline, broadcast, cable and VoIP providers can report their Hurricane Sandy Takes Down Popular Websites, Huffpo :: Keyword: [Hurricanes] Sandy, one of the biggest storms ever to hit eastern United States, flooded servers of Datagram Inc in New York City, bringing down several media websites it hosts, including Huffington Post and Gawker. Hurricane Sandy Floods New York Data Centers, Huffpo :: Keyword: [Hurricanes] Superstorm Sandy knocked out a quarter of the cell towers in an area spreading across 10 states, and the situation could get worse, federal regulators said Tuesday. FCC on Sandy: Cell service likely to get worse before it gets better, CNET :: Keyword: [Hurricanes] The Federal Communications Commission said today that 25 percent of cellular sites are down in 10 states affected by superstorm Sandy. Hurricane Relief Efforts: How Social Media Helps And Hurts, Huffpo :: Keyword: [Hurricanes] As Hurricane Sandy eases away from the East Coast and the cleanup begins, major charitable organizations are increasing their reach and personalizing relief efforts thanks to social media. Superstorm Sandy wreaks havoc on internet infrastructure, Gigaom :: Keyword: [Hurricanes] Hurricane Sandy continued to take a toll on internet infrastructure in New York City and beyond on Tuesday. Time Warner offers free Wi-Fi and charging stations to NYC, CNET :: Keyword: [Hurricanes] The cable provider's vehicles are equipped with free Wi-Fi access and mobile charging stations so New Yorkers hit by Sandy can charge their devices and access the Internet. New York scrambles to reconnect, FT :: Keyword: [Hurricanes] The telecoms companies who keep their systems at New York’s main technology hubs have been scrambling to keep power flowing into the city’s vital telecoms nerve centres Restoring wired service after Sandy may take 2 weeks, Verizon says, CW :: Keyword: [Hurricanes] Consumers in the areas hardest hit by Hurricane Sandy may not get wired phone, Internet and video service back for as long as two weeks, Verizon Communications warned on Friday, while the FCC reported continued slow progress by carriers in restoring mobile coverage. The Impact of Hurricane Sandy, Forbes :: Keyword: [Hurricanes] A look at the wake of one of the biggest storms to ever hit the East Coast. Hurricane Sandy Delivers 'Another Catastrophe' To Verizon's Home, Complicating Network Repairs, Huffpo :: Keyword: [Hurricanes] The water came rushing through the lobby, crashing against doors, shattering windows and scattering sandbags meant to stop it. Then, it cascaded down the stairs and flooded the underground cable vault, soaking tangled wires that deliver phone and Internet service to customers across the region. Will Romney's Convention Punchline Give Climate Activists The Last Laugh?, Forbes :: Keyword: [Hurricanes] In the wake of Superstorm Sandy, a moment at the Republican National Convention in August (which was itself truncated by Hurricane Isaac) is looking ill-considered. Mitt Romney said, "President Obama promised to begin to slow the rise of the oceans." The candidate then archly bit his underlip as a wink to the audience that was in on the joke. "And to heal the planet," he continued as the New York Data Centers Battle Back from Storm Damage, Data Center Knowledge :: Keyword: [Hurricanes] As Thursday dawned on lower Manhattan, the city's battered data centers continued their recovery efforts. Wednesday was a day of fast-moving events, as some facilities that were down came up, and some that were up went down. Several of the hardest-hit facilities were hoping to be back in action... NYFD worker was Twitter lifeline during Sandy, CNN :: Keyword: [Hurricanes] As Hurricane Sandy swept through New York City and emergency crews scrambled to rescue victims, Emily Rahimi was responding to cries for help and offering words of comfort -- all in 140 characters or less. South Carolina reveals massive data breach of Social Security Numbers, credit cards, CW :: Keyword: [SC] Approximately 3.6 million Social Security numbers and 387,000 credit and debit card numbers belonging to South Carolina taxpayers were exposed after a server at the state's Department of Revenue was breached by an international hacker, state officials said Friday. Cyber Security Fails As 3.6 Million Social Security Numbers Breached In South Carolina, Forbes :: Keyword: [SC] South Carolina has announced that an "international hacker" has compromised the Social Security numbers of more than three-quarters of the State's population. Is South Carolina's cyber security particularly lax, or do we have a national problem?

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10.22 :: Nobody Goes There Any More :: 90% Physical, the other half is Mental :: We made too many wrong mistakes. :: Even Napoleon had his Watergate ::

CyberTelecom News Weekly Federal Internet Law and Policy :: An Educational Project

Oct 23 :: 1998 :: COPA Passed by Congress

Oct 23 :: DC ISOC Happy Hou, 6:30 - 8:30 pm The Science Club 1136 19th Street NW, Washington DC

Oct 24 :: ARIN XXX

Oct 25 :: 1994 :: CALEA Signed into law

Oct 28 :: 1998 :: DMCA Signed into Law

Oct 29 :: 1969 :: 1st Message Sent on ARPANET

Oct 30 :: Third Annual NICE Workshop Adds a Virtual Cyber Threat Training and Competition Track

Oct 31 :: 8:30 am :: ISOC-DC Event - Fragmenting the Internet: The WCIT & What's At Stake

Nov 2 :: 1988 :: Morris Worm Unleashed

Nov 2 :: Copyright Exceptions for Libraries in the Digital Age: Section 108 Reform:: NYC

Nov 4 :: IETF 85 Atlanta

Nov 7 :: NTIA Privacy Multistakeholder Process Open Meeting

Nov 8 :: 23rd Annual FCBA Charity Auction

“People are just as happy as they make up their minds to be.” - Abraham Lincoln

Netflix will add closed captions to all of its videos within two years, Gigaom :: Keyword: [ADA] Netflix has settled a court case brought against it by the National Association for the Deaf and other disability rights advocates, agreeing to a consent decree that will require it to have closed captions for all of its videos by October 2014. Netflix and deaf-rights group settle suit over video captions, CNET :: Keyword: [ADA] A two-year class action lawsuit under the Americans with Disabilities Act ended with the streaming service agreeing to put captions on 100 percent of its video library by 2014. Is There Something To Be Done About Broadband Competition?, Forbes :: Keyword: [Broadband] Two dominant schools of thought have emerged in the broadband policy arena. The first, represented by the views of Susan Crawford, a visiting professor at Harvard Law School, is that there is not enough competition to cable modem service and thus government must intervene to prevent a likely abuse of market power. A second FOIA Request Turns Up Info on Non-FCC-Compliant Transmitters., Comlawblog :: Keyword: [Wifi] In our recent blog post about an AT&T wireless Internet service causing interference to an airport weather radar in Puerto Rico, we asked whether the FCC had charged AT&T with the wrong offense. Because the transmitter operated outside its FCC-certified frequency range (among other AT&T's FaceTime policy triggers formal complaint, Fierce :: Keyword: [Net Neutrality] AT&T's (NYSE:T) decision to offer Apple's (NASDAQ:AAPL) FaceTime video calling feature over cellular at no extra charge only to its Mobile Share data plan customers has led one consumer to file a formal complaint with the FCC. Akamai Releases Second Quarter 2012 'State of the Internet' Report, Akamai :: Keyword: [Data] Akamai Technologies, Inc. (NASDAQ: AKAM), the leading cloud platform for helping enterprises provide secure, high-performing user experiences on any device, anywhere, today released its Second Quarter, 2012 State of the Internet report. Based on data gathered from the Akamai Intelligent Nobody 'Goes Online' Anymore, Huffpo :: Keyword: [Data] A large survey of Internet users found that they say they spend fewer hours per week online than they did a year ago. Internet Governance World Meets in Toronto Amid New Domains Controversy, Michael Geist :: Keyword: [ICANN] The Internet governance world gathers in Toronto this week as the Internet Corporation for Assigned Names and Numbers (ICANN), the California-based non-profit corporation charged with the principal responsibility for maintaining the Internet's domain name system, holds one of its meetings in Canada for only the third time. My Indian Internet Governance Conference: a Multistakeholder Success Story, ISOC :: Keyword: [ICANN] On 04-05 October, the Internet Society was honored to be a co-organiser of the first-ever Indian Internet Governance Conference (IIGC). Organized FCC targets Craigslist cellphone jammer vendors, issues six citations, Ars Technica :: Keyword: [eCommerce] The Federal Communications Commission has stepped up its enforcement game, issuing citations to six individuals for advertising and selling signal cellphone jamming devices on Craigslist. The FCC has also warned several online vendors and produced public service announcements in Spanish and Mandarin Chinese. Kirk D. Homeyer, Can a State Seize an Internet Gambling Website's Domain Name? An Analysis of the Kentucky Case, SSRN :: Keyword: [Gambling] The recently developed Internet gambling forum has produced myriad legal issues affecting state, federal, and international law, which issues arise in large part from the ubiquity of the Internet. Based on an analysis of the Kentucky Case, this Google Under Pressure from EU Regulators on Privacy Policy, EFF :: Keyword: [Google] On Oct. 16, European Union data protection authorities issued a letter to Google CEO Larry Page calling upon the search engine giant to revisit its privacy policy. Earlier this year, the policy was unified into one policy covering a wide range of different Google services and integrating data from Google search history and YouTube EU warns Google risks fines over privacy, FT :: Keyword: [Google] Regulators demand policy changes after an investigation shows Google fails to provide users with adequate information about use of their personal data F.T.C. Staff Prepares Antitrust Case Against Google Over Search, NYT :: Keyword: [Google] For investigators preparing a recommendation that the government sue, a main line of inquiry has been whether Google has manipulated its search results to favor its products. US lawmaker questions FTC Google antitrust probe, CW :: Keyword: [Google] The U.S. Federal Trade Commission should "tread carefully" before bringing an antitrust complaint against Google, a veteran U.S. lawmaker said as news reports suggested the agency is ready to move forward. Sprint gains control over Clearwire with stock buy, Gigaom :: Keyword: [Sprint] Sprint has upped in investment in Clearwire to give it the majority stake it needs to take direct control of the struggling 4G carrier. In a filing with the Securities and Exchange Commission on Thursday, Sprint revealed it has bought the outstanding shares of Eagle River Holdings, the investment arm of Clearwire’s original founder Craig McCaw. Japanese Company to Acquire 70% of Sprint, MTTLR :: Keyword: [Sprint] On October 15, Japanese tech titan SoftBank announced that it will acquire 70% of Sprint Nextel. The $20.1 billion deal will allow Sprint to compete with the two largest American wireless companies, Verizon and AT&T, by providing Sprint with $8 billion in new capital. Of the $8 billion, $3.1 billion will come in the form of a bond, to be US review finds no proof of Huawei spying, FT :: Keyword: [China] A White House-ordered inquiry has concluded that relying on the networking gear maker exposes security vulnerabilities that hackers could exploit 'No evidence' of Huawei espionage, BBC :: Keyword: [China] A leaked report into the activities of Huawei found no evidence that the firm was in league with the Chinese government. Rise In U.S. Hacker Attacks Against China, Forbes :: Keyword: [China] News last week that a U.S. government report alleged Chinese telecom companies were likely spying on U.S. firms comes at a time when Chinese companies are getting hacked into like never before. Including from computer systems in the U.S. U.S. Says Iran Is Behind Cyberattacks, WSJ :: Keyword: [Iran] Iranian hackers with government ties have mounted cyberattacks against American targets in recent months, escalating a low-grade cyberwar. ETNO response to the Commission Public Consultation on specific aspects of transparency, traffic management and switching in an open Internet, ETNO :: Keyword: [ITU] ETNO does not call for regulation of IP-Interconnection, be it at global, EU or national level. IP-Interconnection should be covered by commercial agreements, including on the provision of enhanced quality of service, allowing the development of new sustainable models of traffic and payment flows in the internet value chain, and supporting sustained investment in network infrastructure. WCIT Civil Society Briefing Leaves Many Questions Unanswered, CDT :: Keyword: [ITU] Earlier this week, the ITU Secretariat hosted a briefing for civil society organizations interested in the ITU's upcoming World Conference on International Telecommunications. Although the Secretariat's official aim was to "provide an overview of the conference, the preparatory process, and some of the main principles and Internet is not broken, Bangkok Post :: Keyword: [ITU] A conference sponsored by the United Nations in Dubai this week bears careful watching. The good news is that Thai representatives at the ITU Telecom World 2012 are well aware of the hidden agenda of the conference. The bad news is that some influential governments and self-interested groups want to use the meeting to undermine the freedom of the internet. Study Finds File Sharers Buy 30% More Music Than Non-File Sharers, Michael Geist :: Keyword: [Copyright] A new study by the American Assembly finds that file-sharers buy 30 percent more music than non-file sharers. The study is consistent with many other studies that confirm that file sharers spend more on music and cultural products than those that do not. Study author Joe Karaganis has a follow-up post responding to criticisms from NPD, which has done survey work for the RIAA. AT&T's Version of Six Strikes Launches November 28 - Will Include Walled Garden and 'Education' Campaign, DSLReports :: Keyword: [Copyright] Leaked documents suggest that AT&T will begin their "six strikes" entertainment-industry anti-piracy campaign starting on November 28. Efforts to tame user piracy will vary slightly by ISP (ranging from filters and throttle to potentially severed connectivity) and will be spearheaded by the Center for Copyright Information (CCI). Leaked "Six strikes" system goes live this fall, appeals to cost $35, Ars Technica :: Keyword: [Copyright] The Center for Copyright Information has revealed more details about its "six strikes" system, which it calls the Copyright Alert System (CAS). In a blog post published Thursday morning, the program’s head, Jill Lesser, announced that the CAS “will begin in the coming weeks.” Why It's Almost Impossible To Get Punished For A Bogus DMCA Takedown, Techdirt :: Keyword: [DMCA] Yesterday, we wrote about the latest in the long running saga that is Stephanie Lenz's battle (with the help of the EFF) over whether or not Universal Music was right to issue a DMCA takedown for her 29 second video of her toddler son dancing to a (barely audible) Prince song. Once again, here's the video. How a single DMCA notice took down 1.45 million education blogs, Ars Technica :: Keyword: [DMCA] Web hosting firm ServerBeach recently received a Digital Millennium Copyright Act (DMCA) violation notice from Pearson, the well-known educational publishing company. The notice pertained to Edublogs, which hosts 1.45 million education-related blogs with ServerBeach, and it focused on a single Edublogs page from 2007 that Here comes Boxee TV: A $99 box with over-the-air TV and cloud DVR, Gigaom :: Keyword: [Video] Boxee plans to announce a new device dubbed Boxee TV Tuesday that aims to combine over-the-air broadcast content with a cloud DVR and streaming services like Netflix and Vudu. Boxee TV will allow consumers to record two shows at a time, and upload each and every recording to the cloud, where it will offer unlimited storage for Will Consumers Cut the Pay TV Cord?, IPLJ :: Keyword: [Video] In the debate over the future of pay TV, Bernstein Research analysts Todd Jeunger and Craig Moffet have opposing outlooks on the solvency of cable and satellite in their current forms, leaving a great deal of room for speculation over whether consumers will continue to subscribe despite rising costs or simply cut the cord Alan Turing Remembered As LGBT Icon, Huffpo :: Keyword: [History] June 23, 2012 marked the 100 year anniversary of mathematician and logician Alan Turing's birth. It was celebrated around the world in his honor. Alan Turing was a genius, a visionary, and a war hero. He developed a machine that cracked the German Enigma code during World War II, helping to end the war early, saving millions Christopher S. Yoo , When Antitrust Met Facebook, SSRN :: Keyword: [Social Networks] Social networks are among the most dynamic forces on the Internet, increasingly displacing search engines as the primary way that end users find content and garnering headlines for their controversial stock offerings. In what may be considered Cyberthieves steal $400,000 from Bank of America, CNET :: Keyword: [Security] The account -- now frozen -- is used to pay city government workers in Burlington, Wash., via direct deposit. The Fourth Amendment in the Digital Age, Columbia Sci & Tech L R :: Keyword: [4th Amendment] In the old days – and even now, as Occupy Wall Street exemplifies – people took to the streets to protest. But as technology evolved, new forms of demonstrations appeared. One such form is hacking to pursue political ends – hack-activism, or hactivism. A famous example of a hactivist group is Anonymous, whose attacks on Panetta Warns of Dire Threat of Cyberattack: Why the US is Losing the Cyberwar, Forbes :: Keyword: [Cyberwar] Several hours ago, Defense Secretary Leon Panetta issued a warning that the United States is vulnerable to a ?Cyber Pearl Harbor,? and revealed that digital attackers intent on causing "panic, destruction and loss of life" have already breached highly sensitive infrastructure including computers that run chemical, electric, and water systems. US readies cyber-attack forces, BBC :: Keyword: [Cyberwar] The US is preparing military forces skilled at conducting operations via computer networks to counter imminent cyber-attacks, says US secretary of defense. Recent Cyber Attacks, Forbes :: Keyword: [Cyberwar] William Banks, The Role of Counterterrorism Law in Shaping Ad Bellum Norms for Cyber War, SSRN :: Keyword: [Cyberwar] Most cyber-intrusions now and in the foreseeable future will take place outside the traditional consensus normative framework for uses of force supplied by international law. For the myriad, multi-layered and multi-faceted cyber-attacks that VOIP Outage Reporting Requirements to Take Effect December 16, 2012, Telecom Law Monitor :: Keyword: [Outage] In several earlier posts, we informed you the FCC had adopted mandatory outage reporting regulations for both facilities-based and non-facilities-based interconnected Voice over Internet Protocol (VoIP) service providers. The FCC has now established those rules will take effect before the end of the year. Twitter at the Town Hall Debate, Twitter :: Keyword: [Vote] As the presidential candidates met at Hofstra University tonight to answer questions from a group of self-declared undecided voters, viewers around the country came to Twitter to participate in the debate exchanges and offer their own commentary. Th The Obama And Romney Campaigns Know If You've Visited Porn Sites. Why 'Do Not Track' Matters., Forbes :: Keyword: [Vote] The New York Times published two articles on Sunday that perfectly book-end the increasingly fractious debate over online tracking and data aggregation. Google 'completely wrong' = Romney, CNN :: Keyword: [Vote] To the amusement of Mitt Romney's critics, a Google Image search for the phrase "completely wrong" on Wednesday returned a page nearly full of images of the Republican presidential candidate

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10:13 :: No NATs; No Birds :: Quadrillion :: Groundless :: Many Questions Unanswered :: Trail of Illegality :: How Regs Can Go Awry :: De-Spinning ::

CyberTelecom News Weekly Federal Internet Law and Policy :: An Educational Project

Oct 14 :: ICANN 45 Toronto

Oct 15-16 :: NIST Computer Security Division Information and Communications Technologies (ICT) Supply Chain Risk Management (SCRM) Workshop

Oct 16 :: 12 noon :: Net Caucus: "Will $Billions in Patent Lawsuits Kill Smartphone and Tablet Innovation?"

Oct 21 :: 1986 :: 1986 :: ECPA Signed into law

Oct 22 :: Replies Due FCC 9th Sec. 706 NOI

Oct 23 :: 1998 :: COPA Passed by Congress

Oct 24 :: ARIN XXX

Oct 25 :: 1994 :: CALEA Signed into law

Oct 28 :: 1998 :: DMCA Signed into Law

Oct 29 :: 1969 :: 1st Message Sent on ARPANET

Oct 30 :: Third Annual NICE Workshop Adds a Virtual Cyber Threat Training and Competition Track

Oct 31 :: 8:30 am :: ISOC-DC Event - Fragmenting the Internet: The WCIT & What's At Stake

Nov 2 :: 1988 :: Morris Worm Unleashed

Nov 2 :: Copyright Exceptions for Libraries in the Digital Age: Section 108 Reform:: NYC

Nov 4 :: IETF 85 Atlanta

"The weakest link in the security chain is the human element." "I obtained confidential information in the same way government employees did, and I did it all without even touching a computer . . . . I was so successful with this line of attack that I rarely had to go towards a technical attack." - Kevin Mitnick

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10.8 :: Floating a Weather Balloon :: Taken for Granted :: Binging on WiFi :: Trolls Still Arguing :: Meme that Will Not Go Away :: 25% of Americans :: The Dangers :: No Useful Intelligence ::

CyberTelecom News Weekly Federal Internet Law and Policy :: An Educational Project

Oct 9 :: 1973 :: Telenet Files Application with FCC

Oct 9 :: Open Internet Advisory Committee Meeting 10 am

Oct 9 :: State of the Net West

Oct 10 :: NTIA Privacy Multistakeholder Process Open Meeting

Oct 14 :: ICANN 45 Toronto

Oct 15-16 :: NIST Computer Security Division Information and Communications Technologies (ICT) Supply Chain Risk Management (SCRM) Workshop

Oct 21 :: 1986 :: 1986 :: ECPA Signed into law

Oct 22 :: Replies Due FCC 9th Sec. 706 NOI

Oct 23 :: 1998 :: COPA Passed by Congress

Oct 24 :: ARIN XXX

Oct 25 :: 1994 :: CALEA Signed into law

Oct 28 :: 1998 :: DMCA Signed into Law

Oct 29 :: 1969 :: 1st Message Sent on ARPANET

"The average American family hasn't time for television." The New York Times, 1939

LightSquared asks to share weather-balloon spectrum for its LTE network, CW :: Keyword: [Lightsquared] Embattled satellite carrier LightSquared proposed that the government let it share spectrum with federal uses such as weather balloons so it can get enough spectrum to launch its proposed national LTE mobile network. IP Interconnection – Blog Post Number Two, Verizon :: Keyword: [Backbone] In the legacy telecommunications market place, economic regulation of interconnection – including price regulation as well as interconnection mandates – was taken for granted. IP networks, on the other hand, have neither been subject to economic regulation in general, nor to interconnection rules in particular. Summary of Recent LightSquared Hearing, GPS.gov :: Keyword: [Lightsquared] The committee received testimony on the process and decision-making leading up to the FCC's grant of a conditional waiver to LightSquared on January 26, 2011. LightSquared Seeks a Fresh Signal, WSJ :: Keyword: [Lightsquared] LightSquared wants regulatory approval for a plan it thinks will overcome the technical problems that have postponed its launch of a next-generation network and tipped the company into bankruptcy protection. Comcast binges on Wi-Fi hotspots in California, Gigaom :: Keyword: [Wifi] Comcast may not have been able to cut it as a mobile operator, but it doesn’t seem to have any trouble becoming a wireless hotspot provider. On Thursday the cable company said it has completed a build of a “few thousand” Wi-Fi hotspots throughout its northern and central California cable territory, including the San Francisco Bay Area. Copyright Trolls Still Arguing That Open WiFi Is 'Negligent', Techdirt :: Keyword: [WiFi] We've written a few times now about the argument used by some copyright trolls that leaving WiFi open is negligence. This has become a common claim in cases where an accused defendant claims they did not do any unauthorized file sharing of the work(s) in question, but that since their WiFi is open, it could have been just about No Virginia, You Have No Duty to Secure Your WiFi Access Point, CircleID :: Keyword: [Wifi Security] Every now and again a report flies across the network about the police breaking down someone's door and attempting to arrest the home owner for bad things online — assuming that whatever happened from that person's Internet connection is their fault. Now there are lots of problems with this — lots of problems. But one of the big FCC chief lays out plans to boost mobile carriers' spectrum, CW :: Keyword: [Wireless] FCC Chairman Julius Genachowski detailed plans on Thursday to free up more wireless spectrum that carriers say they need to offer high-speed mobile services. F.C.C. Backs Plan on Reclaiming Spectrum for a Wireless Auction, NYT :: Keyword: [Auctions] The Federal Communications Commission approved a process to pay television broadcasters to give up airwaves that would then be auctioned to cellphone companies. FCC moves forward on incentive spectrum auctions, CW :: Keyword: [Auctions] The U.S. Federal Communications Commission took the first step toward groundbreaking auctions of television spectrum to mobile carriers faced with skyrocketing bandwidth demands from their customers. Comcast’s New Policy Raises Net Neutrality and Antitrust Concerns, IPLJ :: Keyword: [Neutral] In 2008, Comcast announced a new policy to institute data caps on residential Internet use. Comcast subscribers who exceeded 250GB of data usage twice in a six-month span were cut off from service. While the policy was initially met with some criticism, the relatively generous cap did not affect the vast majority of subscribers, Net Neutrality: The Past, Present and Future, Broadband for America :: Keyword: [Net Neutrality] Network Neutrality is a topic that draws strong feelings from both sides of the aisle. Republicans oppose it. Democrats favor it. Yet there is still room for agreement. A Network Neutrality Meme That Will Not Go Away, PK :: Keyword: [Net Neutrality] Recently, arguments against network neutrality as a “solution in search of a problem” have resurfaced (recently subscribed to by Mitt Romney’s campaign, recently argued by Verizon in its challenge to the Open Internet Order, and also argued here and here). People who make this argument essentially claim either (1) Internet Grows to More Than 240 Million Domain Names in the Second Quarter of 2012, Verisign :: Keyword: [Data] More than seven million domain names were added to the Internet in the second quarter of 2012, bringing the total number of registered domain names at June 30, 2012, to more than 240 million worldwide across all domains, according to the latest Domain Name Industry Brief, published by VeriSign, Inc. 25% of American Adults Own Tablet Computers, Pew :: Keyword: [Data] A quarter of American adults now own tablet computers, a major increase from the first measurement of tablet ownership by Pew Internet in the late summer of 2010. AS Core IPv4+IPv6 Graph 2011 available, CAIDA :: Keyword: [IPv6] CAIDA's visualization of both IPv4 and IPv6 AS-level Internet topology based on Archipelago data for 2011. This visualization represents macroscopic snapshots of IPv4 and IPv6 Internet topology samples captured in April 2011. For the IPv4 map, CAIDA collected data from 54 monitors located in 29 countries on 6 continents. For the Measuring the Deployment of IPv6: Topology, Routing and Performance, CAIDA :: Keyword: [IPv6] "Measuring the Deployment of IPv6: Topology, Routing and Performance", in Internet Measurement Conference (IMC), Nov 2012 Most U.S. Agencies Expected to Miss IPv6 Deadline, CircleID :: Keyword: [IPv6] Most federal agencies are expected to miss the September 30 deadline that requires their public-facing websites to support IPv6. An official weekly snapshot provided by the National Institute of Standards and Technology showed that as of September 26, just 11 percent of the 1,498 government external domains tested had operational Congress set to pass online sales tax, trade group says, CW :: Keyword: [Tax] Steve DelBianco is worried that the U.S. Congress will soon pass a law allowing states to collect sales taxes from most online sellers. Huawei mulls initial public offering, report says, CNET :: Keyword: [Backbone] The company has so far only reached out to investment banks to see what it would take to bring its shares public. Steve Pearlstein and the Internet Ecosystem, Verizon :: Keyword: [Verizon] I’ve authored posts in the past (see here for an example) about the dynamically competitive and highly innovative nature of the Internet ecosystem, the wide array of companies, providers and the users themselves that make the Internet valuable and a vital part of society. Recently, US Telecom Lofgren’s Task Force on the Global Internet, PK :: Keyword: [Internet Freedom] There has been a flurry of activity around Internet freedom recently. Not only have both parties included it in their platform, but Rep. Zoe Lofgren has taken an affirmative step in its favor by proposing the Global Free Internet Act of 2012, H.R. 6530 (a predecessor bill called the “One Global Internet Act” was proposed by China’s secretive networking giant Huawei weighs an IPO, Gigaom :: Keyword: [China] Telecom infrastructure powerhouse Huawei has reached out to investment banks about a possibility of publicly listing its stock on an international exchange, according to reports from the Wall Street Journaland Reuters. While the news agencies’ sources said no final decision has been made, an initial public offering (IPO) could help the Gmail access restored inside Iran, BBC :: Keyword: [Iran] Iran lifts restrictions imposed a week ago on the secure version of the Google email service and search engine. Remarks of Assistant Secretary Strickling at Columbia Institute for Tele-Information, NTIA :: Keyword: [ITU] Over the next few months, countries around the world, including the United States, will be considering their positions on these important issues as they prepare for the World Conference on International Telecommunications (WCIT), to be held under the auspices of the International Telecommunication Union (ITU) in Dubai in ETNO threatens digital revolution in Africa and beyond, LIRNasia :: Keyword: [ITU] African scholar Dele Meiji Fatunla is respected beyond Africa. He has slammed ETNO’s proposal as a threatening element to the economic future of Africa as well as the developing world. And LIRNEasia CEO Rohan Samarajiva’s analysis on ETNO’s doctrine shines, along with OECD’s researcher Rudolf Van Der Berg, in Fatunla’s arsenal. The Evolution of the ITU's Views on Internet Governance (2006-2012), CircleID :: Keyword: [ITU] Someone was talking the other day about the ITU and what they think about the issue of Internet Governance. I know what the ITU Secretariat wrote in a paper some years ago (Bulgaria was one of the governments heavily criticizing the errors and flaws in the ITU paper), but also decided it might be interesting to show how this UN IP group tells Pirate Party: You can't even watch, Ars Technica :: Keyword: [UN] In Germany, the Pirate Party has sent a candidate to a state senate; in Sweden, the party has actually elected members of the European Parliament. But whatever its successes, the Pirate Party still won't be able to sit in on proceedings of the World Intellectual Property Organization (WIPO), a UN body that sets international rules for Is the WCIT Indeed Wicked?, CircleID :: Keyword: [ITU] The traditional network operators see OTT services as a threat, and the companies offering them are perceived to be getting a free lunch over their networks — they are calling for international regulation. Ghana echoes LIRNEasia: Minister bins ETNO doctrine, LIRNasia :: Keyword: [ITU] Ghana’s Communication Minister Mr. Haruna Iddrisu said his government “will not allow any economic cost or value to the internet that will limit access” and ubiquitous access to Internet is a “nonnegotiable” issue. In a stakeholder meeting Idrisu also said, “One ingredient that had helped Ghana to enjoy the stable and peaceful economy Robert Pepper, Net Threat: The Dangers From Global Web Regulation , Forbes :: Keyword: [ITU] U.N. Agency Reassures: We Just Want to Break the Internet, Not Take it Over, Forbes :: Keyword: [ITU] In recent months, the International Telecommunications Union, the U.N.’s telephone regulatory agency, has been fighting hard to quiet a growing chorus of warnings that it is maneuvering to rewrite the rules of Internet governance. MPAA chief admits: SOPA and PIPA "are dead, they're not coming back.", Ars Technica :: Keyword: [Copyright] MPAA CEO Chris Dodd didn't seem eager to talk about the aftermath of SOPA when he spoke at San Francisco's Commonwealth Club on Tuesday night. The former Connecticut senator would have preferred to wax poetic about innovation, California, and the collaboration between Hollywood and Silicon Valley. "Every studio I deal with has a distribution agreement with Google," said Dodd. "We've divided up this discussion in a way that doesn't really get us moving along as a people." YouTube Upgrades Its Automated Copyright Enforcement System, EFF :: Keyword: [Copyright] From its inception, YouTube’s algorithmic copyright cop, Content ID, has been rife with problems — at least from the user’s perspective. Overbroad takedowns, a confusing dispute process, and little in the way of accountability turned the “filter” into an easy censorship tool. On Wednesday, however, YouTube announced several US Military Classifies Wikileaks As 'Enemy Of The United States', Techdirt :: Keyword: [Media] Back when Wikileaks first released some State Department cables, creating quite the uproar among government officials, the Treasury Department was clear that it would not declare Wikileaks a terrorist organization or list Julian Assange as a "Specially Designated National" on the list, because it did not meet the proper criteria. Pew study: News consumption up via mobile, social media, CNET :: Keyword: [News] Social-networking sites grew from 9 percent to 19 percent as a source for news in the last two years, but only 3 percent of respondents say they regularly get news from Twitter. Ambrose, Meg Leta, It’s About Time: Privacy, Information Lifecycles, and the Right to Be Forgotten, SSRN :: Keyword: [Privacy] The current consensus is that information, once online, is there forever. Content permanence has led many European countries, the European Union, and even the United States to establish a right to be forgotten to protect citizens from the Congressional Investigation Slams DHS Anti-Terror Centers: Wasted Taxpayer Funds, Created No Useful Intelligence & Violated Civil Liberties, Techdirt :: Keyword: [Privacy] Since September 11th, the government has often had something of a blank check (and the equivalent lack of oversight) for anything labeled as being part of an anti-terror effort. As such, it should hardly come as a surprise that programs are wasteful, possibly fraudulent, bad for civil liberties and (oh yeah) completely useless (to Senate Report Finds Fusion Centers "Wasteful," Likely Violate Federal Privacy Laws, EPIC :: Keyword: [Privacy] A Senate Investigations Committee has released a new report on "State and Local Fusion Centers", government data warehouses that store an enormous amount of information on Americans. The Senate report found that Fusion Centers, operated by the Department of Homeland Security, "often produced irrelevant, useless or FTC settles with Bieber fan site over child data-collection claims, CNET :: Keyword: [COPPA] The FTC has agreed to accept $1 million from Artist Arena, a division of Warner Music Group that creates fan Web sites, to settle charges that it illegally collected names and e-mail addresses from children Feds Nab Bieber Fan Site Promoter In Kids' Online Privacy Case, Forbes :: Keyword: [COPPA] If you have kids, you may be all too familiar with Justin Bieber ? in fact, you may even know of his girlfriend Selena Gomez. Indeed, welcome to the world of Bieliebers. F.T.C. Moves to Tighten Online Privacy Protections for Children, NYT :: Keyword: [COPPA] Federal regulations intended to curb the collection of data from young Internet users without their parents’ permission might cause companies to stop creating child-centric sites. Cyberattacks on 6 American Banks Frustrate Customers, NYT :: Keyword: [Security] The cyberattacks, by a group claiming Middle Eastern ties, caused Internet blackouts and delays in online banking, and the banks did not explain clearly what was going on. U.S. Law Enforcement Is Tracking Who Calls, Texts And Emails Whom More Often Than Ever Before, Forbes :: Keyword: [4th Amendment] Law enforcement isn't just interested in what Americans are saying on the phone or on the Internet. They're also interested in whom they're saying it to--a piece of information that conveniently doesn't require a warrant to obtain. And according to newly released documents, the Feds are surveilling and mapping out those social ACLU: Electronic surveillance by US agencies skyrocketing, CW :: Keyword: [4th Amendment] U.S. law enforcement surveillance of email and other Internet communication has skyrocketed in the last two years, according to data obtained by the American Civil Liberties Union. Obama Goes All-In On Warrantless Spying, Huffpo :: Keyword: [4th Amendment] The Obama administration has overseen a sharp increase in the number of people subjected to warrantless electronic surveillance of their telephone, email and Facebook accounts by federal law enforcement agencies, new documents released by the American Civil Liberties Union on Friday revealed.

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No Virginia, You Have No Duty to Secure Your WiFi Access Point

Every now and again a report flies across the network about the police breaking down someone's door and attempting to arrest the home owner for bad things online - assuming that whatever happened from that person's Internet connection is their fault. Now their are lots of problems with this - lots of problems. But one of the big ones is that anyone can access an open access point; there is no way of knowing who did what at an open access point or ascribing that activity to the owner. And all the police have to do is pull out the WiFi device they probably have in their pocket to determine whether an access point is open or secured.

Stories such as this generally results in a flurry of phobic posts by friends warning each other to lock down their access points. This is not necessarily the right solution. There are lots of legitimate reasons for having an open access points - and the technology was specifically designed to permit open access points. The right solution would be for the legal community to mature in its comprehension that what transpires on an open access point cannot be ascribed to anyone.

A federal court in California recently considered the question of whether the owner of an access point has a duty to secure it. In AF HOLDINGS, LLC v. Doe, NDCA 2012, plaintiff sued John Doe for illegally downloading plaintiff's copyright protected video, and sued Defendant Hatfield for Defendant's negligent failure to secure the access point.

Okay first year law students, what are the elements of negligence? Duty, breach, cause, and damage. Does Defendant have a duty to Plaintiff?

Plaintiff is arguing that Defendant failed to act - failed to secure his network. A failure to act is called "non-feasance." To have a duty that is breached by inaction, says the court, requires Defendant to have a special relationship to Plaintiff. Or, to say it another way, you are not required to be a Good Samaritan - you are not required to act - unless there is a special relationship. The court states

Plaintiff has not articulated any basis for imposing on Defendant a legal duty to prevent the infringement of Plaintiff's copyrighted works, and the court is aware of none. Defendant is not alleged to have any special relationship with Plaintiff that would give rise to a duty to protect Plaintiff's copyrights, and is also not alleged to have engaged in any misfeasance by which he created a risk of peril.

The allegations in the complaint are general assertions that in failing to take action to "secure" access to his Internet connection, Defendant failed to protect Plaintiffs from harm. Thus, the complaint plainly alleges that Defendant's supposed liability is based on his failure to take particular actions, and not on the taking of any affirmative actions. This allegation of non-feasance cannot support a claim of negligence in the absence of facts showing the existence of a special relationship.

It aint Defendant's job (or anyone else for that matter) to protect Plaintiff's copyrights.

The court further notes that Plaintiff has attempted to recharacterize a copyright claim as a negligence claim. Such attempts to recharacterize copyright claims are preempted by the copyright act. Either someone is liable under the copyright act or not; recharacterizing such a claim as negligence doesnt work.

Finally, Defendant argues that he is immune from liability pursuant to 47 USC 230, the Good Samaritan Provision of the Communications Decency Act, which states that no provider of an interactive computer service shall be liable for the actions of a third party. In this case, Defendant arguably was a provider of Internet service to John Doe - the alleged downloader - and is not liable for whatever John Doe might have done. The court appeared persuaded by this argument, but concluded that since there was no negligence cause of action, and since the negligence cause of action was preempted, it was unnecessary to rule on the question of Sec. 230 immunity.

In short, according to the court:

No duty to secure a WiFi access point;

Any claim of breach of such duty resulting in copyright infringement would be preempted by copyright law; and

Any attempt to impose liability on the WiFi access point owner would likely be defeated by Sec. 230 immunity.

Of course, there are good reasons to secure your WiFi access point. For one thing, it encrypts your communications from your computer to your WiFi access point, protecting against main-in-the-middle attacks or someone intercepting your communications. The Federal Trade Commission's Onguard Online project provides some helpful advice.

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9.16 :: TPRC Nxt Weekend :: Killing the Copper :: Google Should Celebrate :: An American Saga :: I'm Concerned :: The $9250 Solution :: Playing Dumb ::

CyberTelecom News Weekly Federal Internet Law and Policy :: An Educational Project

Sept. 19 :: NTIA Privacy Multistakeholder Process Open Meeting :: Washington DC

Sept. 20 :: Comments Due 9th FCC 706 NOI

Sept. 21-23 :: Telecommunications Policy Research Conference :: Arlington, VA

Sept. 24 :: Extended Deadline Comments FTC Modification to COPPA

Sept. 25 :: GMU: Bronwyn Howell: Regulating Broadband Networks: The Global Data for Evidence-Based Public Policy

Sept 25 :: DOJ ECOM: Promotional Reviews: An Empirical Investigation of Online Review Manipulation :: Washington DC

Sept 26 :: Potomac Institute: "Addressing the Supply Chain Threat" :: Arlington VA

Sept 28 :: FCC Open Commission Meeting

Sept 28 :: NAF: Fair Play? The State of Competition in the Business Broadband Marketplace :: Washington DC

Oct 1 :: 1994 :: W3C Founded

Oct 1 :: 1996 :: Internet2 Founded

Oct 1 :: Comments Due DHS / NIST Developing a Capability Framework for a Healthy and Resilient Cyber Ecosystem Using Automated Collective Action

"There is practically no chance communications space satellites will be used to provide better telephone, telegraph, television, or radio service inside the United States." T. Craven, FCC Commissioner (1961)

Will The Program Access Rules Expire On October 5?, Tales From the Sausage Factory :: Keyword: [Broadband] Back in March, the FCC released a Notice of Proposed Rulemaking on whether to extend the “program access rules” for another five years, either as they exist now or in some modified form. For those unfamiliar with the program access … Killing the copper and income inequality, Susan Crawford :: Keyword: [Broadband] A hundred years ago, America decided that everyone was entitled to an affordable telephone line. Now some Americans (thanks to muni bright spots and other efforts) are making the upgrade to a fiber-to-the-home connection – the new global standard, the replacement for a standard general-purpose telephone line. But the policies Internet Exchange Points in Canada: a roadmap, CIRA :: Keyword: [Backbone] I think most of the regular readers of this blog know that I am a proponent of Internet Exchange Points (IXPs). Fundamentally, an IXP is a local network bridge that results in local network traffic taking shorter, faster paths between member networks. Google Fiber is coming to 90% of eligible Kansas City neighborhoods, Gigaom :: Keyword: [Fiber] Google should celebrate — if it considers getting ready to spend a few hundred million in capital expenditures reason to celebrate — because as of Sunday night, it has pre-registered enough people in Kansas City to deploy its gigabit fiber to the home network to 180 out of its 202 “fiberhoods.” IN RE INNOVATIO IP VENTURES, LLC PATENT LITIGATION, Dist. Court, ND Illinois 2012 :: Keyword: [WIFI ECPA] Intercepting WiFi signals is not a violation of ECPA Where the Wiretap Act and WiFi Collide :: #ECPA :: IN RE INNOVATIO IP VENTURES, LLC PATENT LITIGATION, Cybertelecom :: Keyword: [WiFi] Is it a violation of the Wiretap Act to intercept data transmitted over a WiFi network? Good question. Recently Google got snared by this question when its Street View Car was reportedly going around mapping all the roads while intercepting data from WiFi networks. A court considering the Google Street View situation was not Cyberbullying Summit Set for Today at Microsoft, Microsoft :: Keyword: [Child] As any parent knows, a large portion of our kids’ social lives has moved online. Like their over-the-phone chats, most of teens’ electronic conversations are innocuous. But some digital interactions, including when kids are the victims or perpetrators of cyberbullying, can be Hare v. Richie, DCMD 2012: Sec. 230 Mot Dismiss Denied, Cybertelecom :: Keyword: [47 U.S.C. § 230] Hare v. Richie, DCMD 2012: Motion to Dismiss on 47 USC 230 grounds denied where web site added potentially actionable comments at the end of third party posts. "In passing section 230, Congress sought to spare interactive computer services this grim choice by allowing them to perform some editing on user-generated content without thereby becoming liable for all defamatory or otherwise John Berresford, Network Neutrality: An American Saga, SSRN :: Keyword: [Net Neutrality] The goals are make the greatest issue in communications policy, Network Neutrality, comprehensible to the educated layperson. I explain how the issue arose and where it stands now, and give some historical perspective on how this country will resolve it. FCC defends its "trojan horse" approach to net neutrality, Ars Technica :: Keyword: [Neutral] This "ancillary jurisdiction" argument has been greeted with skepticism not only by Verizon, but also by the network neutrality supporters at the Electronic Frontier Foundation (EFF). EFF has warned that the FCC's argument is a "trojan horse" that could be used down the road to justify unilateral FCC regulation of topics such as online indecency or even piracy. FCC Defends Net Neutrality, Says Verizon Is No Internet Editor, Free Press :: Keyword: [Net Neutrality] Telephone and cable companies keep dreaming up new ways to close down your access to the Internet. This week, the court case over the Federal Communications Commission rules designed to prevent that kind of behavior moved to its next phase. FCC Chairman: I’m concerned about data caps, Gigaom :: Keyword: [Tiers] Has FCC chairman Julius Genachowski changed his mind on the acceptability of data caps? As far back as 2010 he defended the idea of wireline ISPs using broadband usage caps as part of the network neutrality order and did so again in May at The Cable Show when he reiterated the position. The chairman has said he GoDaddy: Outage not result of a hack, CNN :: Keyword: [DNS] The GoDaddy outage saga continues. In Which the Court Finds a "Get Out of #ACPA Cause of Action Free Card" - AIRFX.COM v AirFX LLC DCAz 2012, Cybertelecom :: Keyword: [ACPA] So apparently in Arizona you can beat an AntiCybersquatter Consumer Protection Act cause of action if your domain name registration dates back before the registration of the trademark. AIRFX. COM v. AirFX LLC, Dist. Court, D. Arizona 2012. Well, okay, that makes sense at first blush. It would be kind of hard to Report on Consumer Protection in Online and Mobile Payments (OECD Digital Economy Paper 204), OECD :: Keyword: [eCommerce] An examination of payments issues is taking place in the context of the review of the OECD’s 1999 guidelines on e-commerce. This report looks at what might need to be amplified or revised to enhance consumer trust and adoption of new and emerging online and mobile payment mechanisms. It reflects contributions made by national delegations, business and civil society. 10 Surprising Facts About Online Sales Taxes, Forbes :: Keyword: [Tax] If you are already paying sales tax on all your internet purchases you’re probably in the minority. Sure, a number of states now have an Amazon tax. Plus, there are more taxes coming online (sorry) all the time. But if you add all your tax-free online purchases to everyone else’s in America, how much is it? Huawei Plans to Spend $2 Billion in U.K., WSJ :: Keyword: [Huawei] Huawei Technologies plans to spend a total of $2 billion in the U.K. on investment and local procurement and double its workforce there over the next five years. Huawei and ZTE face congressional grilling, FT :: Keyword: [Huawei] Executives from the Chinese telecommunications equipment groups deny their companies have strong ties to Beijing or pose a security risk Huawei investing £1.3bn in the UK, BBC :: Keyword: [Huawei] Chinese telecoms and computer network giant Huawei Technologies is to invest £1.3bn in expanding its UK operations. EarthLink plans fixed and mobile wireless services over Clearwire's 4G networks, CW :: Keyword: [Earthlink] EarthLink will resell wireless broadband on Clearwire's WiMax network starting early next year and later will launch a service based on that company's planned LTE network. Obama’s FTC pick has sided with Google, WAPO :: Keyword: [Google] President Obama’s pick for the Federal Trade Commission is an antitrust scholar who last year criticized the agency’s case against Google. Twitter ordered to turn over user data or face fine, CNET :: Keyword: [Twitter] A judge tells the microblogging site to produce information about an Occupy Wall Street protester's tweets -- or its last two quarterly reports. [Read more] Failing to Understand the Needs of the 21st Century: The TPP and the Notice-and-Takedown System, PK :: Keyword: [Copyright] One of the ways that the TPP fails to accommodate the needs of 21st century technology is by locking the US into its current rules for when online service providers should be liable for others’ infringement, in addition to subtly chipping away at the protections given to online service providers. "Six strikes" Internet warning system will come to US this year, Ars Technica :: Keyword: [Copyright] Even as France looks set to scrap its three-strikes antipiracy scheme known as HADOPI, US Internet providers are inching forward with their milder "six strikes" program. But the head of that effort says the system is about education, and it is coming by the end of the year. Appeals Court Upholds $9,250 Per Song Penalty in Filesharing Case, Says Constitution Doesn't Limit Penalties, EFF :: Keyword: [P2P] The damages provisions of copyright law - up to $150,000 per infringed work without any proof of harm - are crazy. And according to the federal appeals court in Minnesota, the Constitution does not restore sanity. This week, the U.S. Court of Appeals for the Eighth Circuit upheld the original jury verdict against Jammie Thomas- Minnesota file-sharer loses appeal, must pay $222,000, Ars Technica :: Keyword: [P2P] A three-judge panel on the United States Court of Appeals for the Eight Circuit ruled (PDF) Tuesday in the case of a Minnesota woman, Jammie Thomas-Rasset, who has been fighting music piracy legal battles since 2007. When it began, the case was the first trial involving unauthorized file-sharing of intellectual property heard by a jury in the United States. File-sharer will take RIAA case to Supreme Court, Ars Technica :: Keyword: [P2P] Jammie Thomas-Rasset and her legal team are headed—they hope—for the Supreme Court. 125 Years Since the Interstate Commerce Act, Marq. L. Rev. :: Keyword: [FCC] Symposium Diary helps tell Colossus story, BBC :: Keyword: [History] Personal effects from the creator of the pioneering Colossus computer will soon go on display at the National Museum of Computing at Bletchley Park. NTIA Cancels Meeting To Allow for Fact Gathering, Daily Dashboard :: Keyword: [Privacy] Broadcasting & Cable reports that the National Telecommunications and Information Administration (NTIA) has cancelled its September 19 stakeholder meeting to allow stakeholders to meet with app developers for informal briefings first. One such briefing will occur September 19. At the NTIA’s August 29 meeting, the second of a series DHS / NIST RFC :: Developing a Capability Framework for a Healthy and Resilient Cyber Ecosystem Using Automated Collective Action, Cybertelecom :: Keyword: [Security] REQUEST FOR INFORMATION – RFI-OPO-12-0002 TITLE: Developing a Capability Framework for a Healthy and Resilient Cyber Ecosystem Using Automated Collective Action AGENCIES: U.S. Department of Homeland Security, National Protection and Programs Directorate in conjunction with U.S. Department of Commerce, National Institute of Standards and Technology Issued: September 10, 2012 House Extends Warrantless Surveillance Law, CDT :: Keyword: [Big Brother] Over the objections of an array of privacy groups, the House voted to extend the law permitting the government to eavesdrop on international communications--such as email and phone calls--between U.S. citizens and individuals "reasonably believed to be" foreigners living outside the U.S. Taliban said to use Facebook to gather info on soldiers, CNET :: Keyword: [Surveillance] The Australian Department of Defense says that the Taliban is creating fake Facebook profiles with photos of attractive women to lure in and acquire information from soldiers. Fight over FISA Amendments Act Moves to the Senate, as the House Passes the Broad, Warrantless Spying Bill, EFF :: Keyword: [FISA] Yesterday, the House of Representatives voted to renew the dangerous FISA Amendment Act—which hands the NSA broad, warrantless surveillance powers over Americans’ international communications—for another five years. Sadly, the House refused to add any new oversight powers or privacy protections, despite ample FCC Plays Dumb, Points Fingers Over Broadband Tax - FCC Disavows Idea as Press Notices New Levy, DSLReports :: Keyword: [USF] As we noted back in March, our new national broadband plan involves reconfiguring the Universal Service Fund (USF) so that money paid into it is put toward broadband expansion (currently the funds only address school broadband and rural phone connectivity). It also involved increasing consumer broadband fees, estimated to be between $1 to $5 per broadband connection, in order to pay for it. Where the Party Platforms Stand on Internet Issues, PK :: Keyword: [Vote] With less than 10 weeks to go before the election, Republicans and Democrats released party platforms outlining their visions for the future. Below is a comparison on where the parties stand on broadband adoption, net neutrality rules, spectrum auctions, and intellectual property protections.

:: Cybertelecom Website :: Blog :: Delicious :: Twitter :: Tumblr :: Google Group cybertelecom-l :: AUP :: Disclaimer ::

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cybertelecom-blog · 13 years ago

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What's on Tech TV

Who says there's nothing good on TV? Here is a selection of good vid on tech policy. Know any other good sources to add to the list?

Berkman Center Events

CNET TV

Computer History Museum Youtube Channel

Internet Caucus

NANOG (previous meetings archived)

New America Foundation

PBS Video :: Frontline :: NOVA :: Technology ::

Stanford Law School Center for Internet and Society Youtube Channel

TED Talks

This Week in Tech (TWIT)

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cybertelecom-blog · 13 years ago

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RFC DHS / NIST :: Developing a Capability Framework for a Healthy and Resilient Cyber Ecosystem Using Automated Collective Action

REQUEST FOR INFORMATION – RFI-OPO-12-0002

TITLE: Developing a Capability Framework for a Healthy and Resilient Cyber Ecosystem Using Automated Collective Action

AGENCIES: U.S. Department of Homeland Security, National Protection and Programs Directorate in conjunction with U.S. Department of Commerce, National Institute of Standards and Technology

Issued: September 10, 2012

Description

Recent trends demonstrate the need for improved capabilities for defending against cyber attack. Cyberspace has become the backbone of modern society, commerce, industry, academia, medicine, critical infrastructures, and government. The sheer number of cyber attacks is increasing and the consequences of today’s cyber attacks are severe. This includes financial fraud, loss of sensitive data, identity theft, or related crimes.

Strengthening the cyber ecosystem is one of two focus areas in the DHS Blueprint for a Secure Cyber Future: The Cybersecurity Strategy for the Homeland Security Enterprise [4.0 References, 3]. The DHS National Protection and Programs Directorate (NPPD) cyber ecosystem paper [4.0 References, 1] proposed a concept for creating a healthy, resilient, and more secure cyber ecosystem. In this concept, computer systems, devices, applications, and users will automatically work together in near-real time to anticipate and prevent cyber attacks, automatically respond to attacks while continuing normal operations, evolve to address new threats, limit the spread of attacks across participating devices, minimize the consequences of attacks, enable the sharing of timely and relevant security information, and recover to a trusted state. The concept will allow for robust privacy protections while delivering security protections commensurate with risk. To that objective, it is important to assess where we are now technologically, what additional capabilities are needed, and what current technologies are best available to meet those capabilities at this time.

The U.S. Department of Commerce, through the Internet Policy Task Force, has focused its efforts on developing public policies and private sector norms whose voluntary adoption could improve the overall cybersecurity posture of private sector infrastructure operators, software and service providers, and users outside the critical infrastructure. The NIST, within the Department of Commerce (Commerce), has developed a number of guidelines, recommendations, and technical reports that can support development of automated collective action. These include automation protocols; trust models for security automation data; standard platform identification; configuration, vulnerability, and misuse scoring systems, and an automated enterprise remediation framework.

Recent academic and private sector work [4.0 References, 4, 5, 6, 7, and 8] provides analysis and recommendations for collaborative cybersecurity approaches, and some of these approaches are motivated by natural ecosystems such as the immune system [4.0 References, 9, 10]. Characteristics of natural ecosystems have been analyzed for possible applicability to the cyber ecosystem. For example, it might be possible to engineer systems in the cyber ecosystem to respond to a cyber attack in a manner similar to how the human body reacts to an infection. This example might suggest that the capabilities and security architecture of the cyber ecosystem might benefit from a combination of localized response as well as to global alerting and mobilization so that other ecosystem participants are informed of the attack, preferably before coming under attack, and can help defend against the attack before it spreads.

The previously mentioned DHS NPPD ecosystem paper [4.0 References, 1] expands on a number of these concepts, including the need for distributed command and control, the ability to apply appropriate levels of focus and convergence, and the need for key building blocks including interoperability, automation, and authentication. Implementing automated collective action in defense of the cyber ecosystem will require a partnership and a common collective vision among the private sector, academia, government, and consumers.

There undoubtedly are additional considerations, challenges, and possibilities that were not discussed in the ecosystem paper. This RFI focuses on learning more to help develop a future security architecture that maintains the appropriate level of human intervention and monitoring while enabling automated collective action to strengthen the security of the cyber ecosystem.

. . . . . .

Responses to this RFI shall be sent via one email to BOTH of the following email addresses: 1. DHS: Cyber Ecosystem [email protected] 2. NIST: [email protected]

All responses shall be submitted no later than 5:00 pm EDT on October 1, 2012. In the subject line of your final submission email, include the following: “RFI-OPO-12-0002 Cyber Ecosystem Submission”. Questions and requests for clarifications on this RFI must be sent via email to [email protected] no later than 5:00 pm EDT on September 17, 2012. In the subject line of your email when submitting questions, include the following: “RFI-OPO-12-0002 Questions”.

https://www.fbo.gov/utils/view?id=26835f507f1f97e0c6cb455608cf9943

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cybertelecom-blog · 13 years ago

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EVENT :: GTown U Business School: The Regulator's Perspective: Telecom Regulations in an Internet World Sept 18

The CTO at the FCC is a visiting academic position that rotates. Previous CTO's have included Doug Sicker, Dale Hatfield, and Dave Farber. From the Georgetown University Announcement:

Please join us for our Evolution of Regulation Series The Regulator's Perspective: Telecom Regulations in an Internet World featuring Henning Schulzrinne, Chief Technology Officer, FCC

Tuesday, September 18th

12:30 PM

Rafik B. Hariri Building Room 340

#FCC

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cybertelecom-blog · 13 years ago

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Where the Wiretap Act and WiFi Collide :: #ECPA :: IN RE INNOVATIO IP VENTURES, LLC PATENT LITIGATION

Is it a violation of the Wiretap Act to intercept data transmitted over a WiFi network? Good question. Recently Google got snared by this question when its Street View Car was reportedly going around mapping all the roads while intercepting data from WiFi networks. A court considering the Google Street View situation was not persuaded that WiFi fit within the definition of a "radio communications." Um, okay. Recently another court considered the question in a patent litigation case, and had no trouble concluding that WiFi is radio communications, the interception of which does not violate the Wiretap Act.

But first, let's take it from the top. WiFi is a networking protocol that utilizes FCC Part 15 Unlicensed Spectrum. The FCC decided to engage in an experiment with Part 15, shifting the paradigm from licensing users to licensing devices. If your Part 15 device has been approved for operation in this spectrum, you dont need a license. But there are a few rules. First, nobody owns the spectrum and nobody has superior rights to the spectrum. Nobody can cause interference and everyone much accept interference. Part 15 Spectrum is a commons, available for everyone to use, like a public park. Part 15 devices include, of course, WiFi enabled computers, but also family radio walk talkies, baby monitors, and garage door openers.

In IN RE INNOVATIO IP VENTURES, LLC PATENT LITIGATION, Dist. Court, ND Illinois 2012, plaintiff is involved in a patent lawsuit against hotels and coffee shops and restaurants, claiming that their offering of WiFi violates plaintiff's patents - this patent infringement allegation itself was not explored by the court in this order. At this point in the litigation, Plaintiff wants to gather evidence. Plaintiff had been reportedly using packet sniffers to intercept transmissions from defendant's networks, and plaintiff wanted to make sure that if it continued this would be admissible in court. In other words, Plaintiff wanted to make sure its actions did not violate the Wiretap Act.

According to the Wiretap Act, it is not a violation of the Wiretap Act

(i) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;

18 USC § 2511(2)(g).

The court makes easy work of the question, dividing it into two parts: First, is it a violation to access the network; section, is it a violation to receive other people's WiFi transmissions. In the opinion of the court, "Most of the Wireless Network Users' Wi-Fi networks are open and available to the general public, allowing any customer who so desires to access the internet through them." WiFi networks are readily accessible to the public for access to the Internet.

But what about intercepting other people's communications? Here the court notes that the equipment necessary to intercept WiFi communications is cheap, easy to use, and ubiquitous. In other words, because it is affordable and easy to sniff WiFi, that makes those WiFi communications "readily accessible to the general public."

[Plaintiff's] intercepting Wi-Fi communications with a Riverbed AirPcap Nx packet capture adapter, which is available to the public for purchase for $698.00. See Riverbed Technology Product Catalog, http://www.cacetech.com/products/catalog/ (last visited Aug. 21, 2012). A more basic packet capture adapter is available for only $198.00. Id. The software necessary to analyze the data that the packet capture adapters collect is available for down load for free. See Wireshark Frequently Asked Questions, http://www.wireshark.org/faq.html#sec1 (last visited Aug. 21, 2012) ("Wireshark® is a network protocol analyzer. . . . It is freely available as open source. . . ."). With a packet capture adapter and the software, along with a basic laptop computer, any member of the general public within range of an unencrypted Wi-Fi network can begin intercepting communications sent on that network. Many Wi-Fi networks provided by commercial establishments (such as coffee shops and restaurants) are unencrypted, and open to such interference from anyone with the right equipment. In light of the ease of "sniffing" Wi-Fi networks, the court concludes that the communications sent on an unencrypted Wi-Fi network are readily available to the general public.

To be sure, the majority of the public is likely unaware that communications on an unencrypted Wi-Fi network are so easily intercepted by a third party. See Predrag Klasnja et al., "When I Am on Wi-Fi, I am Fearless:" Privacy Concerns & Practices in Everyday Wi-Fi Use, in CHI '09 PROC. 27TH INT'L CONF. (2009), available at http://appanalysis.org/jjung/jaeyeon-pub/ FormativeUserStudy4CHI.pdf (reporting the results of a study involving eleven participants and concluding that "users from the general public . . . were largely unaware of . . . the visibility of unencrypted communications," which "led them to a false sense of security that reduced how much they thought about privacy and security while using Wi-Fi"); see also Press Release, Wi-Fi Alliance, Wi-Fi Security Barometer Reveals Large Gap Between What Users Know and What They Do (Oct. 5, 2011) (reporting that only 18% of users take steps to protect their communications when accessing a commercial Wi-Fi hotspot). The public still has a strong expectation of privacy in its communications on an unencrypted Wi-Fi network, even if reality does not match that expectation.

The public's lack of awareness of the ease with which unencrypted Wi-Fi communications can be intercepted by a third party is, however, irrelevant to a determination of whether those communications are "readily available to the general public." 18 U.S.C. § 2511(g)(i). The language of the exception does not, after all, refer to "communications that the general public knows are readily available to the general public." Therefore, the public's expectation of privacy in a particular communication is irrelevant to the application of the Wiretap Act as currently written. Because data packets sent over unencrypted Wi-Fi networks are readily available using the basic equipment described above, the Wiretap Act does not apply here. Accordingly, to the extent that Innovatio's proposed sniffing protocol accesses only communications sent over unencrypted Wi-Fi networks available to the general public, it is permissible under § 2511(g)(i)'s exception to the Wiretap Act.[6]

Any tension between that conclusion and the public's expectation of privacy is the product of the law's constant struggle to keep up with changing technology. Five or ten years ago, sniffing technology might have been more difficult to obtain, and the court's conclusion might have been different. But it is not the court's job to update the law to provide protection for consumers against ever changing technology. Only Congress, after balancing any competing policy interests, can play that role. Indeed, one United States Senator has already called for changes to the Wiretap Act in light of the threat that unencrypted communications may be easily intercepted. See Elec. Privacy Info. Ctr., On Google Spy-Fi, Senator Durbin Calls for Update to Wiretap Law, FCC Chair Agrees Law Should Protect Unencrypted Communications (May 11, 2012), http://epic.org/2012/05/on-google-spy-fi-senator-durbi.html. Unless and until Congress chooses to amend the Wiretap Act, the interception of communications sent over unencrypted Wi-Fi networks is permissible.

According to the Court, in a public park, everyone gets to hear you scream.

#ECPA #Wiretap Act #WiFi

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cybertelecom-blog · 13 years ago

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DC Tech Meetup: Politics, Advocacy & Government Edition Mon Sept 10 7 pm :: 6th & Eye Historic Synagogue This DC Tech Meetup will focus on technology used in Politics, Advocacy & Government contexts.

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CyberTelecom News Weekly Federal Internet Law and Policy :: An Educational Project Sept. 11 :: Berkman Center: Book Launch: Open Access :: Harvard Law School Sept. 12 :: FOSI: A Platform for Good - Launch Event :: National Press Club Sept. 13 :: Public Knowledge's 9th annual IP3 awards :: Washington DC Sept. 15 :: 1998 :: MCI and WCOM become WCOM Sept. 19 :: NTIA Privacy Multistakeholder Process Open Meeting :: Washington DC Sept. 20 :: Comments Due 9th FCC 706 NOI Sept. 21-23 :: Telecommunications Policy Research Conference :: Arlington, VA Sept. 24 :: Extended Deadline Comments FTC Modification to COPPA Sept. 25 :: GMU: Bronwyn Howell: Regulating Broadband Networks: The Global Data for Evidence-Based Public Policy [M]any problems that can be thought through in advance are very difficult to think through in advance. They would be easier to solve, and they could be solved faster, through an intuitively guided trial-and-error procedure in which the computer cooperated, turning up flaws in the reasoning or revealing unexpected turns in the solution. Other problems simply cannot be formulated without computing-machine aid. Poincare anticipated the frustration of an important group of would-be computer users when he said, "The question is not, 'What is the answer?' The question is, 'What is the question?'" One of the main aims of man-computer symbiosis is to bring the computing machine effectively into the formulative parts of technical problems. - JCR Licklider, "Man-Computer Symbiosis," IRE Transactions on Human Factors in Electronics, HFE-1 (1960): 4-11, accessed May 21, 2012, Adopt a Dog FCC to measure mobile broadband speeds, WAPO :: Keyword: [706] The Federal Communications Commission said Thursday that it would begin to measure the speeds of wireless networks, a move to give consumers more information on the performance of their wireless providers and to keep carriers accountable for advertised speeds. FCC to test mobile broadband performance for consumers, CNET :: Keyword: [706] The government agency says that the evaluations will be useful to consumers and will "spur competition among service providers." Former FCC Chairman Kevin Martin lobbies for LightSquared, CW :: Keyword: [GPS] Two names that have recently been out of the limelight recently turned up on Tuesday at the US Federal Communications Commission: Bankrupt would-be mobile broadband carrier LightSquared and former FCC Chairman Kevin Martin, who was helping to sell LightSquared's story to the agency. Broadband Progress Report Map – Another Digital First, FCC :: Keyword: [MAP] In another digital first for the FCC, we just released an interactive, web-based map that illustrates our Broadband Progress Report. This congressionally mandated report assesses how well broadband deployment and adoption is progressing in the nation. With this new map, our report is more responsive to both Congress and the American people. Olympics Stimulate Growth of Wi-Fi Service in Britain, NYT :: Keyword: [WIFI ] In preparations for the Games, the operators O2 UK, Virgin Mobile and BT carved up public places across London, broadcasting open wireless networks in major squares, airports and subways. FCC TO LAUNCH MOBILE BROADBAND SERVICES TESTING AND MEASUREMENT PROGRAM., FCC :: Keyword: [Wireless] The National Broadband Plan (NBP), developed by the FCC, made recommendations to improve the availability of information for consumers about their broadband service. The FCC has undertaken a series of projects as part of its Consumer Empowerment Agenda to realize this charge, including launching a FCC Authority Questioned In Wake of Verizon Deal Approval, Teckfreedom :: Keyword: [Wireless] "There's a common misperception that the FCC somehow gets to review all deals in the communications industry," said TechFreedom's Berin Szoka in an interview with Bloomberg BNA Aug. 27. " FCC Authority In VZ/SpectrumCo, or "Real Lawyers Read The Footnotes.", Tales From the Sausage Factory :: Keyword: [Wireless] Many years ago, I taught a semester of law school as an adjunct. I assigned the students to read the FCC's 2005 Internet Policy Statement. I was dismayed to discover that, after doing the reading, none of them had Section 230 Immunizes Links to Defamatory Third Party Content--Directory Assistants v. Supermedia, Tech & Marketing Law Blog :: Keyword: [47 USC § 230] Assistants, Inc. v. Supermedia, LLC, 2012 WL 3329615 (ED Va. May 30, 2012) [For some reason,... George S. Ford and Lawrence J. Spiwak , Justifying the Ends: Section 706 and the Regulation of Broadband, Phoenix Center Policy Perspective No. 12-04 :: Keyword: [Open Internet] Over the past several years, the FCC under Chairman Julius Genachowski has argued that because broadband is not universally ubiquitous, the agency may use the "reasonable and timely" standard contained in Section 706 in the Communications Act as an independent source 90% of US households with computers have broadband, Gigaom :: Keyword: [Broadband] Broadband penetration in the US is continuing to grow, and now stands at 90 percent of US households that have a computer at home, according to Broadband Access & Services in the Home 2012, a study by Leichtman Research Group (LRG). Five years ago, 65 percent of households with a computer subscribed to broadband service, LRG notes. Its research shows that broadband subscriptions go up with household incomes. comScore Reports July 2012 US Mobile Subscriber Market Share, comscore :: Keyword: [Broadband] key trends in the US mobile phone industry during the three month average period ending July 2012. The study surveyed more than 30,000 US mobile subscribers and found Samsung to Accelerating IPv6 Growth and Sunsetting IPv4, Arbor Networks :: Keyword: [IPV6] The next-generation Internet Protocol, IPv6, has experienced more growth in the last 2 years than in any other period in its 18-year existence . While there are many challenges ahead in the deployment of IPv6, IPv6 is a certain, although eventual, replacement for the currently dominant IP protocol, IPv4. As deployment of IPv6 gains Chris Jay Hoofnagle, Ashkan Soltani , Nathan Good , Dietrich James Wambach, Mika Ayenson, Behavioral Advertising: The Offer You Cannot Refuse, 6 Harvard Law & Policy Review 273 (2012) :: Keyword: [Advertising] At UC Berkeley, we are informing political debates surrounding online privacy through empirical study of website behaviors. In 2009 and 2011, we surveyed top websites to determine how they were tracking consumers. We found that advertisers were using persistent tracking technologies Visiting the White House, "Anytime, Anywhere, and on Any Device", White House :: Keyword: [EGOV] Today, we're excited to announce some big changes to the way you connect with the White House. More Americans rely on tablets and smart phones for news and information than ever before and we've certainly seen these trends reflected at WhiteHouse.gov. Over the past two years the number of mobile visits to the site has Chinese Dissident in Yahoo Case Is Freed After 10 Years, NYT :: Keyword: [YAHOO] Wang Xiaoning served 10 years after being convicted of state subversion on evidence provided by the Internet giant Yahoo, which was criticized for helping Chinese authorities in the case. Sweden is best at using the Internet, CNN :: Keyword: [Sweden] Which country is the best at putting the Web to use? Eldar Haber, Copyrights in the Stream: The Battle on Webcasting, 28 Santa Clara Computer & High Tech. LJ 769 (2012) :: Keyword: [Webcasting] The Internet threatens many right holders who consistently battle against technologies that enable people to use their copyrighted materials without their consent. While copyright holders have succeeded in some cases, their main battle against peer-to-peer (P2P) file-sharing has yet Castree, Sam, Cyber-Plagiarism for Sale!: The Growing Problem of Blatant Copyright Infringement in Online Digital Media Stores, SSRN :: Keyword: [Copyright] While much ink and rhetoric have been spilled over cyber-piracy, there has been little mention of the problem of what we shall call 'cyber-plagiarism': thieves copying completely the works of others and selling them on online digital media stores like Apple's App Store and Amazon's Members of Congress Demand Answers for Homeland Security's Unjust Domain Name Seizures, EFF :: Keyword: [IP DNS] This morning, a bipartisan group of Representatives, led by Rep. Zoe Lofgren (D-Calif.), sent a pointed letter to Attorney General Eric Holder and the Secretary of Homeland Security Janet Napolitano protesting the recent spat of domain name seizures—executed on dubious copyright grounds—that have been censoring websites with no due process. Talking Twitter at the Convention #2, Twitter :: Keyword: [Media] While we're here in Tampa, we've been talking to journalists, candidates, political pundits and more about the way Twitter has affected the election and their work. Now we're talking with @BretBaier, Anchor of FOX News Channel's Special Report. : 3 million Tweets and counting, Twitter :: Keyword: [Media] Although it's just the first night at the Democratic National Convention in Charlotte, people have already posted more than 3 million Tweets, including and related terms. In comparison, there were 4 million Tweets sent throughout the three days of last week's Republican National Convention (). The Cloud: Understanding the Security, Privacy and Trust Challenges, Rand :: Keyword: [Cloud] Our research investigated the security, privacy and trust aspects of cloud computing and determined whether these were sufficiently distinct to warrant public policy intervention. On the whole, cloud computing brings into acute focus many security and privacy challenges already The Privacy Multistakeholder Process Turns to Substance, NTIA :: Keyword: [Privacy] At the second privacy multistakeholder meeting regarding mobile application transparency held August 22, stakeholders made substantial progress on procedural issues to move this process forward. Poll results from the meeting are available here. NTIA grouped the poll results into three categories: "general support," "mixed views," and FTC Extends Deadline to Comment on Proposed Modifications to the Children's Online Privacy Protection Rule Until September 24, 2012, FTC :: Keyword: [COPPA] FTC Extends Deadline to Comment on Proposed Modifications to the Children's Online Privacy Protection Rule Until September 24, 2012 Carol M. Hayes and Jay P. Kesan , At War Over CISPA: Towards a Reasonable Balance between Privacy and Security, Illinois Public Law Research Paper No. 13-03 :: Keyword: [Security] Congress has recently begun attempting to address cybersecurity threats. Whenever the topic is raised, alarms sound from both sides of the political aisle. On one side, the intelligence community stresses that protection from cybersecurity threats is essential to national security, BitCoin exchange loses $250,0000 after unencrypted keys stolen, CW :: Keyword: [Security] Hackers stole about $250,000 from BitFloor, a BitCoin exchange, and it does not have the money to reimburse account holders, according to the website's founder. Court ruling that NSA spying violated 4th Amendment remains secret, Ars Technica :: Keyword: [Big Brother] Last month, a letter to Congress noted that "on at least one occasion" a secretive US court ruled that National Security Agency surveillance carried out under a 2008 act of Congress violated the Fourth Amendment's restriction against unreasonable searches and seizures. But the actual ruling remains secret. Decisions handed down by Cybercrime costs US consumers $20.7 billion, CNET :: Keyword: [Crime] An annual cybercrime report has said that over the past 12 months, cybercrime has cost US consumers billions of dollars. The Law of Cyber-Attack, California Law Review, Vol. 100, No. 4, 2012 :: Keyword: [Cyberwar] Cyber-attacks have become increasingly common in recent years. Capable of shutting down nuclear centrifuges, air defense systems, and electrical grids, cyber-attacks pose a serious threat to national security. As a result, some have suggested that cyber-attacks should be FBI: Hackers didn't get Apple IDs from us, CNN :: Keyword: [Hacker] The FBI on Tuesday said there is "no evidence" to support claims by a hackers group that they accessed information about millions of Apple users on a bureau computer. David W. Opderbeck, Does the Communications Act of 1934 Contain a Hidden Internet Kill Switch?, Seton Hall Public Law Research Paper :: Keyword: [Kill Switch] A key area of debate over cybersecurity policy concerns whether the President should have authority to shut down all or part of the Internet in the event of a cyber-emergency or cyber-war. The proposed Cybersecurity Act of 2009, for example, contained what critics derided as an Universal Service Policies in the Context of National Broadband Plans (OECD Digital Economy Paper 203), OECD :: Keyword: [USF] This report discusses the main areas in which national strategies to expand broadband networks affect universal service objectives, proposes criteria to rethink the terms of universal service policies, and shares the latest developments across a selected group of OECD countries. We Believe in America, Telecommunications, and the Internet, Benton :: Keyword: [VOTE] Meeting in Tampa this week, the Republican Party adopted its 2012 platform self-proclaimed to be "both a vision of where we are headed and an invitation to join us in that journey." Telecommunications and, specifically, the Internet are key planks in the party's principles and policies this year. 2012 Democrat Platform Endorses Internet Privacy, EPIC :: Keyword: [Vote] The 2012 Democratic National Platform supports the administration's Internet Privacy Bill of Rights to protect consumer privacy. Separate provisions in the platform call for privacy protections for broadband deployment, intellectual property enforcement, and cybersecurity laws; the Democratic platform opposes voter identification laws. Democratic Convention on pace to trump GOP in social media, Lost Remote :: Keyword: [Vote] Perhaps this shouldn't come as a surprise, but the DNC is out to a much stronger start than the RNC on social media. Twitter said that Michelle Obama's speech peaked at more tweets per minute (28,003) than Mitt Romney's speech (14,239). The mayor of San Antonio, Julian Castro, drove more Twitter conversation than any GOP speaker except for Mitt Romney Clint Eastwood's RNC Obama chair gets own Twitter account, CNET :: Keyword: [VOTE] Wow. It doesn't take long for Twitter to tap into the cultural zeitgeist. Invisible Obama, fast made famous at tonight's RNC, gets an account that goes from zero to nearly 20K followers in less than an hour. Reddit: Obama visit generates most activity ever, CNET :: Keyword: [VOTE] The president breaks all the rules, breaks a Reddit record, and draws at least 5.3 million views, news stats reveal. Obama's response to Eastwood most re-tweeted tweet of RNC, CNET :: Keyword: [VOTE] Clint Eastwood's berating of an invisible Obama launched a viral "Eastwooding" meme, but it was the president's response that garnered the most Twitter traction. Democrats push for open internet, cybersecurity, WAPO :: Keyword: [VOTE] Democrats late Sunday reiterated support for open Internet policies that protect free speech and consumer choice, stronger cybersecurity laws and the protection of movies and songs from online copyright violations. :: Cybertelecom Website :: Blog :: Delicious :: Twitter :: Tumblr :: Google Group cybertelecom-l :: AUP :: Disclaimer ::

#GOP2012 #DNC2012 #RNC2012

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cybertelecom-blog · 13 years ago

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9.8 :: Recently Out of the Limelight :: Question Authority :: Real Lawyers Read Footnotes :: Tweeting to an Empty Chair ::

CyberTelecom News Weekly Federal Internet Law and Policy :: An Educational Project

Sept. 11 :: Berkman Center: Book Launch: Open Access :: Harvard Law School

Sept. 12 :: FOSI: A Platform for Good - Launch Event :: National Press Club

Sept. 13 :: Public Knowledge's 9th annual IP3 awards :: Washington DC

Sept. 15 :: 1998 :: MCI and WCOM become WCOM

Sept. 19 :: NTIA Privacy Multistakeholder Process Open Meeting :: Washington DC

Sept. 20 :: Comments Due 9th FCC 706 NOI

Sept. 21-23 :: Telecommunications Policy Research Conference :: Arlington, VA

Sept. 24 :: Extended Deadline Comments FTC Modification to COPPA

Sept. 25 :: GMU: Bronwyn Howell: Regulating Broadband Networks: The Global Data for Evidence-Based Public Policy

[M]any problems that can be thought through in advance are very difficult to think through in advance. They would be easier to solve, and they could be solved faster, through an intuitively guided trial-and-error procedure in which the computer cooperated, turning up flaws in the reasoning or revealing unexpected turns in the solution. Other problems simply cannot be formulated without computing-machine aid. Poincare anticipated the frustration of an important group of would-be computer users when he said, "The question is not, 'What is the answer?' The question is, 'What is the question?'" One of the main aims of man-computer symbiosis is to bring the computing machine effectively into the formulative parts of technical problems. - J.C.R. Licklider, “Man-Computer Symbiosis,” IRE Transactions on Human Factors in Electronics, HFE-1 (1960): 4-11, accessed May 21, 2012, http://groups.csail.mit.edu/medg/people/psz/Licklider.html

FCC to measure mobile broadband speeds, WAPO :: Keyword: [706] The Federal Communications Commission said Thursday that it would begin to measure the speeds of wireless networks, a move to give consumers more information on the performance of their wireless providers and to keep carriers accountable for advertised speeds.

FCC to test mobile broadband performance for consumers, CNET :: Keyword: [706] The government agency says that the evaluations will be useful to consumers and will "spur competition among service providers."

Former FCC Chairman Kevin Martin lobbies for LightSquared, CW :: Keyword: [GPS] Two names that have recently been out of the limelight recently turned up on Tuesday at the U.S. Federal Communications Commission: Bankrupt would-be mobile broadband carrier LightSquared and former FCC Chairman Kevin Martin, who was helping to sell LightSquared's story to the agency.

Broadband Progress Report Map – Another Digital First, FCC :: Keyword: [MAP] In another digital first for the FCC, we just released an interactive, web-based map that illustrates our Broadband Progress Report. This congressionally mandated report assesses how well broadband deployment and adoption is progressing in the nation. With this new map, our report is more responsive to both Congress and the American people.

Olympics Stimulate Growth of Wi-Fi Service in Britain, NYT :: Keyword: [WIFI ] In preparations for the Games, the operators O2 U.K., Virgin Mobile and BT carved up public places across London, broadcasting open wireless networks in major squares, airports and subways.

FCC TO LAUNCH MOBILE BROADBAND SERVICES TESTING AND MEASUREMENT PROGRAM., FCC :: Keyword: [Wireless] The National Broadband Plan (NBP), developed by the FCC, made recommendations to improve the availability of information for consumers about their broadband service. The FCC has undertaken a series of projects as part of its Consumer Empowerment Agenda to realize this charge, including launching a

FCC Authority Questioned In Wake of Verizon Deal Approval, Teckfreedom :: Keyword: [Wireless] “There's a common misperception that the FCC somehow gets to review all deals in the communications industry,” said TechFreedom's Berin Szoka in an interview with Bloomberg BNA Aug. 27. “

FCC Authority In VZ/SpectrumCo, or “Real Lawyers Read The Footnotes.”, Tales From the Sausage Factory :: Keyword: [Wireless] Many years ago, I taught a semester of law school as an adjunct. I assigned the students to read the FCC’s 2005 Internet Policy Statement. I was dismayed to discover that, after doing the reading, none of them had

Section 230 Immunizes Links to Defamatory Third Party Content--Directory Assistants v. Supermedia, Tech & Marketing Law Blog :: Keyword: [47 U.S.C. § 230] Assistants, Inc. v. Supermedia, LLC, 2012 WL 3329615 (E.D. Va. May 30, 2012) [For some reason,...

George S. Ford and Lawrence J. Spiwak , Justifying the Ends: Section 706 and the Regulation of Broadband, Phoenix Center Policy Perspective No. 12-04 :: Keyword: [Open Internet] Over the past several years, the FCC under Chairman Julius Genachowski has argued that because broadband is not universally ubiquitous, the agency may use the “reasonable and timely” standard contained in Section 706 in the Communications Act as an independent source

90% of US households with computers have broadband, Gigaom :: Keyword: [Broadband] Broadband penetration in the U.S. is continuing to grow, and now stands at 90 percent of U.S. households that have a computer at home, according to Broadband Access & Services in the Home 2012, a study by Leichtman Research Group (LRG). Five years ago, 65 percent of households with a computer subscribed to broadband service, LRG notes. Its research shows that broadband subscriptions go up with household incomes.

comScore Reports July 2012 U.S. Mobile Subscriber Market Share, comscore :: Keyword: [Broadband] key trends in the U.S. mobile phone industry during the three month average period ending July 2012. The study surveyed more than 30,000 U.S. mobile subscribers and found Samsung to

Accelerating IPv6 Growth and Sunsetting IPv4, Arbor Networks :: Keyword: [IPV6] The next-generation Internet Protocol, IPv6, has experienced more growth in the last 2 years than in any other period in its 18-year existence . While there are many challenges ahead in the deployment of IPv6, IPv6 is a certain, although eventual, replacement for the currently dominant IP protocol, IPv4. As deployment of IPv6 gains

Chris Jay Hoofnagle, Ashkan Soltani , Nathan Good , Dietrich James Wambach, Mika Ayenson, Behavioral Advertising: The Offer You Cannot Refuse, 6 Harvard Law & Policy Review 273 (2012) :: Keyword: [Advertising] At UC Berkeley, we are informing political debates surrounding online privacy through empirical study of website behaviors. In 2009 and 2011, we surveyed top websites to determine how they were tracking consumers. We found that advertisers were using persistent tracking technologies

Visiting the White House, "Anytime, Anywhere, and on Any Device", White House :: Keyword: [EGOV] Today, we're excited to announce some big changes to the way you connect with the White House. More Americans rely on tablets and smart phones for news and information than ever before and we've certainly seen these trends reflected at WhiteHouse.gov. Over the past two years the number of mobile visits to the site has

Chinese Dissident in Yahoo Case Is Freed After 10 Years, NYT :: Keyword: [YAHOO] Wang Xiaoning served 10 years after being convicted of state subversion on evidence provided by the Internet giant Yahoo, which was criticized for helping Chinese authorities in the case.

Sweden is best at using the Internet, CNN :: Keyword: [Sweden] Which country is the best at putting the Web to use?

Eldar Haber, Copyrights in the Stream: The Battle on Webcasting, 28 Santa Clara Computer & High Tech. L.J. 769 (2012) :: Keyword: [Webcasting] The Internet threatens many right holders who consistently battle against technologies that enable people to use their copyrighted materials without their consent. While copyright holders have succeeded in some cases, their main battle against peer-to-peer (P2P) file-sharing has yet

Castree, Sam, Cyber-Plagiarism for Sale!: The Growing Problem of Blatant Copyright Infringement in Online Digital Media Stores, SSRN :: Keyword: [Copyright] While much ink and rhetoric have been spilled over cyber-piracy, there has been little mention of the problem of what we shall call 'cyber-plagiarism': thieves copying completely the works of others and selling them on online digital media stores like Apple’s App Store and Amazon’s

Members of Congress Demand Answers for Homeland Security’s Unjust Domain Name Seizures, EFF :: Keyword: [IP DNS] This morning, a bipartisan group of Representatives, led by Rep. Zoe Lofgren (D-Calif.), sent a pointed letter to Attorney General Eric Holder and the Secretary of Homeland Security Janet Napolitano protesting the recent spat of domain name seizures—executed on dubious copyright grounds—that have been censoring websites with no due process.

Talking Twitter at the #GOP2012 Convention #2, Twitter :: Keyword: [Media] While we’re here in Tampa, we’ve been talking to journalists, candidates, political pundits and more about the way Twitter has affected the election and their work. Now we’re talking with @BretBaier, Anchor of FOX News Channel’s Special Report.

#DNC2012: 3 million Tweets and counting, Twitter :: Keyword: [Media] Although it’s just the first night at the Democratic National Convention in Charlotte, people have already posted more than 3 million Tweets, including #DNC2012 and related terms. In comparison, there were 4 million Tweets sent throughout the three days of last week’s Republican National Convention (#RNC2012).

The Cloud: Understanding the Security, Privacy and Trust Challenges, Rand :: Keyword: [Cloud] Our research investigated the security, privacy and trust aspects of cloud computing and determined whether these were sufficiently distinct to warrant public policy intervention. On the whole, cloud computing brings into acute focus many security and privacy challenges already

The Privacy Multistakeholder Process Turns to Substance, NTIA :: Keyword: [Privacy] At the second privacy multistakeholder meeting regarding mobile application transparency held August 22, stakeholders made substantial progress on procedural issues to move this process forward. Poll results from the meeting are available here. NTIA grouped the poll results into three categories: “general support,” “mixed views,” and

FTC Extends Deadline to Comment on Proposed Modifications to the Children's Online Privacy Protection Rule Until September 24, 2012, FTC :: Keyword: [COPPA] FTC Extends Deadline to Comment on Proposed Modifications to the Children's Online Privacy Protection Rule Until September 24, 2012

Carol M. Hayes and Jay P. Kesan , At War Over CISPA: Towards a Reasonable Balance between Privacy and Security, Illinois Public Law Research Paper No. 13-03 :: Keyword: [Security] Congress has recently begun attempting to address cybersecurity threats. Whenever the topic is raised, alarms sound from both sides of the political aisle. On one side, the intelligence community stresses that protection from cybersecurity threats is essential to national security,

BitCoin exchange loses $250,0000 after unencrypted keys stolen, CW :: Keyword: [Security] Hackers stole about $250,000 from BitFloor, a BitCoin exchange, and it does not have the money to reimburse account holders, according to the website's founder.

Court ruling that NSA spying violated 4th Amendment remains secret, Ars Technica :: Keyword: [Big Brother] Last month, a letter to Congress noted that “on at least one occasion” a secretive US court ruled that National Security Agency surveillance carried out under a 2008 act of Congress violated the Fourth Amendment’s restriction against unreasonable searches and seizures. But the actual ruling remains secret. Decisions handed down by

Cybercrime costs U.S. consumers $20.7 billion, CNET :: Keyword: [Crime] An annual cybercrime report has said that over the past 12 months, cybercrime has cost U.S. consumers billions of dollars.

The Law of Cyber-Attack, California Law Review, Vol. 100, No. 4, 2012 :: Keyword: [Cyberwar] Cyber-attacks have become increasingly common in recent years. Capable of shutting down nuclear centrifuges, air defense systems, and electrical grids, cyber-attacks pose a serious threat to national security. As a result, some have suggested that cyber-attacks should be

FBI: Hackers didn't get Apple IDs from us, CNN :: Keyword: [Hacker] The FBI on Tuesday said there is "no evidence" to support claims by a hackers group that they accessed information about millions of Apple users on a bureau computer.

David W. Opderbeck, Does the Communications Act of 1934 Contain a Hidden Internet Kill Switch?, Seton Hall Public Law Research Paper :: Keyword: [Kill Switch] A key area of debate over cybersecurity policy concerns whether the President should have authority to shut down all or part of the Internet in the event of a cyber-emergency or cyber-war. The proposed Cybersecurity Act of 2009, for example, contained what critics derided as an

Universal Service Policies in the Context of National Broadband Plans (OECD Digital Economy Paper 203), OECD :: Keyword: [USF] This report discusses the main areas in which national strategies to expand broadband networks affect universal service objectives, proposes criteria to rethink the terms of universal service policies, and shares the latest developments across a selected group of OECD countries.

We Believe in America, Telecommunications, and the Internet, Benton :: Keyword: [VOTE] Meeting in Tampa this week, the Republican Party adopted its 2012 platform self-proclaimed to be “both a vision of where we are headed and an invitation to join us in that journey.” Telecommunications and, specifically, the Internet are key planks in the party’s principles and policies this year.

2012 Democrat Platform Endorses Internet Privacy, EPIC :: Keyword: [Vote] The 2012 Democratic National Platform supports the administration’s Internet Privacy Bill of Rights to protect consumer privacy. Separate provisions in the platform call for privacy protections for broadband deployment, intellectual property enforcement, and cybersecurity laws; the Democratic platform opposes voter identification laws.

Democratic Convention on pace to trump GOP in social media, Lost Remote :: Keyword: [Vote] Perhaps this shouldn't come as a surprise, but the DNC is out to a much stronger start than the RNC on social media. Twitter said that Michelle Obama's speech peaked at more tweets per minute (28,003) than Mitt Romney's speech (14,239). The mayor of San Antonio, Julian Castro, drove more Twitter conversation than any GOP speaker except for Mitt Romney

Clint Eastwood's RNC Obama chair gets own Twitter account, CNET :: Keyword: [VOTE] Wow. It doesn't take long for Twitter to tap into the cultural zeitgeist. Invisible Obama, fast made famous at tonight's RNC, gets an account that goes from zero to nearly 20K followers in less than an hour.

Reddit: Obama visit generates most activity ever, CNET :: Keyword: [VOTE] The president breaks all the rules, breaks a Reddit record, and draws at least 5.3 million views, news stats reveal.

Obama's response to Eastwood most re-tweeted tweet of RNC, CNET :: Keyword: [VOTE] Clint Eastwood's berating of an invisible Obama launched a viral "Eastwooding" meme, but it was the president's response that garnered the most Twitter traction.

Democrats push for open internet, cybersecurity, WAPO :: Keyword: [VOTE] Democrats late Sunday reiterated support for open Internet policies that protect free speech and consumer choice, stronger cybersecurity laws and the protection of movies and songs from online copyright violations.

:: Cybertelecom Website :: Blog :: Delicious :: Twitter :: Tumblr :: Google Group cybertelecom-l :: AUP :: Disclaimer ::

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cybertelecom-blog · 13 years ago

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[CyberTelecom Blog] In Which the Court Finds a "Get Out of #ACPA Cause of Action Free Card" - AIRFX.COM v AirFX LLC DCAz 2012

So apparently in Arizona you can beat an AntiCybersquatter Consumer Protection Act cause of action if your domain name registration dates back before the registration of the trademark. AIRFX. COM v. AirFX LLC, Dist. Court, D. Arizona 2012. Well, okay, that makes sense at first blush. It would be kind of hard to cyberpirate a trademark if the trademark doesnt exist. The ACPA protects trademarks only. But registration isnt the end of the story. Plenty of courts have held that a domain name registration that was made in good faith at the time of registration can become bad faith after registration. [Lahoti p 1202 9th Cir. 2009] [DSPT p 17 9th Cir. 2010] [Gharbi WDTX 2011 (where use was permissive at time of registration but became bad faith at termination of contract between domain name owner and trademark owner)] Furthermore, the element of the cause of action in question is that the defendant "registers, traffics in, or uses" the domain name in question. The operative work here being "or". Even if the registration was in good faith, the use of the domain name could be in bad faith. 15 USC § 1125(d)(I)(A). Finally, according to the Arizona court, the domain name holder can defeat an ACPA cause of action by tracing the registration back through re-registrations and transfers. A chain of custody which includes sales, transfers, and reregistrations which places the original domain name registration back before the registration of the trademark gives the domain name owner a free "Get Out Of ACPA Jail Free Card." Here's what the court said: To prevail on its ACPA cybersquatting counterclaim, defendant "must show (1) registration of a domain name, (2) that was identical or confusingly similar to a mark that was distinctive at the time of registration, and (3) bad faith intent at the time of registration." GoPets Ltd. v. Hise, 657 F.3d 1024, 1030 (9th Cir. 2011) (citing 15 USC § 1125(d)(1)) (internal quotation marks omitted) (emphasis in original). [3] The Ninth Circuit addressed the meaning of "registration" in GoPets. The domain name gopets.com was first registered by defendant Edward Hise in March 1999. Id. at 1026. GoPets Ltd. first used the GoPets mark in August 2004. Id. at 1027. In December 2006, Hise transferred the registration of the gopets.com domain name to co-defendant Digital Overture, a corporation he co-owned. Id. at 1028. GoPets Ltd. asserted a cybersquatting claim under the ACPA. It conceded that gopets.com was not identical to a protected mark when Hise first registered the domain name in 1999, but argued that the transfer of the domain name to Digital Overture in 2006 was a "registration" under the meaning of the ACPA. Id. at 1030. The court disagreed, holding that Digital Overture's 2006 re-registration of gopets.com was not a registration under § 1125(d)(1). Id. at 1032. The court noted that it was "undisputed that [] Hise could have retained all of his rights to gopets.com indefinitely if he had maintained the registration of the domain name in his own name." Id. at 1031. It found that there was "no basis in ACPA to conclude that a right that belongs to an initial registrant of a currently registered domain name is lost when that name is transferred to another owner." Id. Doing so would effectively make rights to many domain names inalienable, whether "by gift, inheritance, sale, or other form of transfer," in contrast to the general rule that "a property owner may sell all of the rights he holds in property." Id. at 1031-32. Accordingly, GoPets concluded that "[b]ecause [] Hise registered gopets.com in 1999, long before GoPets Ltd. registered its service mark, Digital Overture's re-registration and continued ownership of gopets.com does not violate § 1125(d)(1)." Id. at 1032. Defendant argues that GoPets is distinguishable, because in GoPets Hise transferred the domain name to an entity he co-owned, and here Lurie purchased airfx.com from an unrelated third party. According to defendant, the purpose of the ACPA will be undermined if a cybersquatter who purchases a domain name in bad faith is immune from liability simply because the domain name he purchased existed before a mark was distinctive. Nothing in the language of GoPets indicates that it should be read as narrowly as defendant suggests. GoPets did not distinguish between transfers of a domain name to related parties and other kinds of domain name transfers. To the contrary, GoPets broadly reasoned that if an original owner's rights associated with a domain name were lost upon transfer to "another owner," the rights to many domain names would become "effectively inalienable," a result the intention of which was not reflected in either the structure or the text of the ACPA. Id. at 1031-32. We find GoPets squarely on point. It is undisputed that airfx.com was initially registered on March 21, 2003 by Bestinfo. It is also undisputed that ASE's first use in commerce of the AirFX mark was June 2005 and that Elliot purchased airfx.com on February 2, 2007. Under these facts, airfx.com was registered more than two years before the AirFX mark existed. Thus, under GoPets, plaintiffs' re-registration of airfx.com in February 2007 "was not a registration within the meaning of § 1125(d)(1)." Id. at 1032. Rather, because Bestinfo registered airfx.com "long before [defendant] registered its service mark," plaintiffs' registration and ownership of airfx.com "does not violate § 1125(d)(1)." Id. Plaintiffs are therefore entitled to summary judgment on defendant's cybersquatting counterclaim. AIRFX. COM v. AirFX LLC, Dist. Court, D. Arizona 2012: http://scholar.google.com/scholar_case?case=11801389341969505828 Cybertelecom ACPA: http://www.cybertelecom.org/dns/acpa.htm

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